Seale. v. Gulf, Colorado & Santa Fe R'y Co.

Citations

• 65 Tex. 274
• 1886 Tex. LEXIS 653

Syllabus

<p>1. Injuries—Violation of common law duty—When one has violated a duty imposed upon him by the common law, he should be held liable to every person inj'ured thereby, whose injury is the natural and probable consequence of his misconduct; and this liability extends to such injuries as might reasonably have been anticipated, under ordinary circumstances, as the natural and probable' result of the wrongful act. (Citing McDonald v. Snelling, 14 Allen 290; Barron v. Eldredge, 100 Mass. 455; Kellogg v. C. & N. W. R’y Co., 26 Wis. 223, 278.)</p> <p>2. Same—Negligence—Proximate and remote-cause—New, intervening agency— If, subsequently to the original wrongful or negligent act, a new cause has intervened, of itself sufficient to stand as the cause of the misfortune, the former must be considered as too remote. The original wrongful or negligent act will not be regarded as the proximate cause, where any new agency, not within the reasonable contemplation of the original wrongdoer, has intervened to bring about the injury. (Citing Ins. Co. v. Tweed, 7 Wall. 52, and Brandon v. Manufacturing Co., 51 Tex. 121.)</p> <p>3. Same—Causal connection — Where, however, the intervening cause and its probable or reasonable consequences are such as could reasonably have been anticipated by the original wrongdoer, the causal connection between the original wrongful act and the subsequent injury is not broken, and an action may lie therefor.</p> <p>4. Railroads—Injuries resulting in death—Proximate and remote cause—Negligence—Practice—Case stated — Sparks emitted by the locomotive of a passing train of cars set fire to combustible material which the railway company had allowed to accumulate upon its right-of-way. A strong wind blowing at the time caused the fire rapidly to spread, and, when it approached near to and was threatening the fence that enclosed the premises of S., which were contiguous to the company’s right of way at that point, C., fifteen years old and daughter of S., attempt