H. & T. C. R'y Co. v. Hollingsworth
Court of Appeals of Texas
Appeal from Grayson County.
1Opinion of the Court
Opinion by
Hurt, J.
§ 173. Parties; who are necessary. Appellee sued appellant to recover damages alleged to have been done to his crops of corn, grass, etc., and to his fence, by fire communicated thereto through the negligence of appellant’s employees in operating its trains. It appeared in evidence that another person was a joint owner with appellee of some of the crops destroyed. Held, that appellee could not maintain the suit alone, without joining therein the other joint owner of the property. In an action to recover property, in case of a joint bailment, all of the joint owners must join…
2Cases cited2 opinions
- Stachely v. PeirceTexas Supreme Court · 1866
- Bucknam v. BrettNew York Supreme Court · 1861
3Cited by2 opinions
- Davy's Executors v. FawSupreme Court of the United States · 1812
- Sherron v. WoodSupreme Court of New Jersey · 1828