Texas & Pacific R'y Co. v. Medaris

Citations

• 64 Tex. 92

Syllabus

<p>1. Separate property.— In this state the husband, may sue alone for there-' covery of the wife’s separate property, and recover damages occasioned by injury to such property.</p> <p>2. Negligence per se.— It is not negligence per se in a railway company to allow grass and weeds to grow and accumulate upon its right of way. in the absence of a statute forbidding it. Nor is the fact that sparks are permitted to escape from a moving engine negligence per se. In the operation of trains, etc., such companies are required to exercise that degree of prudence which, under like circumstances, a reasonably cautious person would exercise.</p> <p>3. Special charges.— It is not error to refuse special charges which are embodied in the general charge. See charge of court below.</p>