69 Tex. 79 | Tex. | 1887
The charge complained of is a correct charge when the plaintiff has not himself been guilty of negligence in exposing his property to destruction by fire from a passing locomotive. The principle given in the charge is clearly applicable to cases where without fault or negligence of the owner his property is consumed by fire from defendant’s engine; but it would not be applicable without qualification in all cases. When the owner is negligent in exposing his property to fire the charge should not be given, and when the negligence of the owner is in issue the charge should be qualified and made to de
On account of the error indicated in the charge, the judgment should be reversed the cause remanded.
Reversed and remanded.
Opinion adopted November 11, 1887.