Legal Opinion

Fort Worth & New Orleans Railway Co. v. Wallace

Texas Supreme Court

Decided October 22, 1889No. 2643PublishedCited by 71 opinions

Appeal from Tarrant. Tried below before Hon. R. J. Boyken. This is an appeal from a judgment for $475.30 in a suit for damages-for negligently burning grass, etc., upon 128 or 130 acres of land. The verdict apportioned the damages, $345 for burning grass, $66.30 for burning fence, and $64 for injury to turf. Other facts are given in opinion..

1Opinion of the Court

Stayton, Chief Justice.

Plaintiff brought this action to recover damages which she alleged she had become entitled to by reason of the fact that fire had been communicated to her land through negligence in the managément of appellant’s cars and right of way which ran through her land. She claimed that the fire destroyed grass of the value of $650, fence of the value of $200, and that the injury to the land by burning of the turf and grass roots amounted to $375.

The averments in reference to the grass, in so far as now necessary to state, were “that said 130 acres so burned off was at the time…

2Cases cited3 opinions

  1. Galveston, Harrisburg & San Antonio Railway Co. v. HorneTexas Supreme Court · 1888
  2. Fort Worth & Denver City Railway Co. v. HogsettTexas Supreme Court · 1887
  3. Gulf, Colorado & Santa Fe Railway Co. v. WitteTexas Supreme Court · 1887

3Cited by71 opinions

  1. City of Amarillo v. WareTexas Supreme Court · 1931
  2. Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
  3. Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
  4. Progressive Lumber Co. v. Marshall & East Texas Railway Co.Texas Supreme Court · 1913
  5. Sims v. Trinity Farm Const. Co.Court of Appeals of Texas · 1930

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