Texas & Pacific Railway Co. v. Wooldridge & Hamby

SPEER, Associate Justice.

This is a grass burning case, prosecuted by appellees against appellant, in the County' Court of Eastland County, in which there was a recovery in the sum of one hundred dollars. In the course of his instructions to the jury, the trial court used the following language: “If, from the evidence, you believe that the defendant failed to equip its engines, from which the sparks escaped which caused the fire, with the most improved spark arresters in use, or that the employees of the defendant operating said engines were guilty of negligence in failing to use ordinary care…