Sabine & East Texas Railway Co. v. Wood

Citations

• 69 Tex. 679
• 7 S.W. 372
• 1888 Tex. LEXIS 918

Syllabus

<p>1. Negligence. — The road bed of a railway company was so constructed as, that by the damming up of water against it during a storm, the house of the plaintiff, with the personal property it contained, was destroyed. In a suit for damages against the company the jury was instructed that it was the duty of the company to use that degree of care and prudence in so constructing its road bed so as to provide against damage to such adjacent property as a prudent, careful and cautious man would to protect himself against dama ge to his own property. Held, that there was no error.</p> <p>2. Same — Charge oe Court. — A charge was also given to the effect that the defendant company “would not be liable for damages arising from an extraordinury or unusual rise or overflow of water, such as could not be foreseen or anticipated by the use of the greatest care, skill and caution -in the construction of its road bed.” Held, that the defendant having failed to ask a charge to the effect that a less degree of care would have relieved it from liability, there was no error.</p> <p>3. ' New Trial. — The discovery of new testimony, cumulative in its character will not authorize a new trial.</p>