Galveston, Harrisburg & San Antonio Railway Co. v. Horne
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Geo. McCormick. The charge referred to in the opinion will be found quoted in the syllabus.
Read the full summary
Appeal from Colorado. Tried below before the Hon. Geo. McCormick. The charge referred to in the opinion will be found quoted in the syllabus. The fire from which the injury resulted, occurred in December, 1885. The petition alleged that the grass was so dry when the fire occurred that.it “not only destroyed the grass itself, but that it actually destroyed the turf and roots of the grass; that appellee was engaged in hay farming, and was engaged with hands and teams at the time of the accident, in cutting and marketing his hay, that the destruction of the turf and roots of the grass damaged…
1Opinion of the Court
Willie, Chief Justice.
This suit was brought by the appellee against the appellant to recover compensation for damages done to the former’s land and grass by fire escaping from an engine passing upon the appellant’s road. The land lay in Wharton county, and the suit was brought in Colorado. The railway company pleaded to the jurisdiction upon the ground that the suit, being for damages to land, should have been brought in the county where the land was situated. This plea was sustained so far as the claim of damage to the land was concerned, but overruled as to the claim for the value of the…
2Cases cited5 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Fort Worth & Denver City Railway Co. v. HogsettTexas Supreme Court · 1887
- Sabine & E. T. R'y Co. v. JoachimiTexas Supreme Court · 1883
- Int. & G. N. R'y Co. v. TimmermannTexas Supreme Court · 1884
- G., H. & S. A. R'y Co. v. SeymourTexas Supreme Court · 1885
3Cited by49 opinions
- Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902
- Wichita Falls Traction Co. v. ElliottTexas Supreme Court · 1935
- Houston Unlimited, Inc. Metal Processing v. Mel Acres RanchTexas Supreme Court · 2014
- Fort Worth & New Orleans Railway Co. v. WallaceTexas Supreme Court · 1889
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
44 more not listed; retrieve them via the Exa API.