Couts v. Neer
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. R E. Beckham. About the second of June, 1884, on a very rainy and stormy night, a certain stone wall in course of erection in the town of Weatherford fell upon an adjacent brick building occupied at the time by appellee, as a drug store, and by its fall the contents of said drug store, consisting of patent and other medicines, and various drugs, were greatly damaged.
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Appeal from Parker. Tried below before the Hon. R E. Beckham. About the second of June, 1884, on a very rainy and stormy night, a certain stone wall in course of erection in the town of Weatherford fell upon an adjacent brick building occupied at the time by appellee, as a drug store, and by its fall the contents of said drug store, consisting of patent and other medicines, and various drugs, were greatly damaged. The stone wall was part of a large stone building then in process of construction, under the supervision of appellant R. W. Kindel, for appellant J. R. Couts. Appellee brought this…
1Opinion of the Court
Stayton, Chief Justice.
This action was brought by the appellee to recover damages on account of an injury alleged to have resulted from the falling of a stone wall, in course of construction by the appellants, contiguous to the wall of the house in which appellee was doing business. It was claimed on the one side that the wall was defectively constructed, and that this was attributable to the negligence of appellants, and the cause of the injury; while on the other it was contended that the wall was skillfully and carefully constructed, and was thrown down by an unprecedentedly severe wind…
2Cited by21 opinions
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- Rhoades v. El Paso & S. W. Ry. Co.Texas Commission of Appeals · 1923
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