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Texas Loan Agency v. Fleming

46 S.W. 63, 18 Tex. Civ. App. 668, 1898 Tex. App. LEXIS 158
CourtCourt of Appeals of Texas
DecidedApril 13, 1898
StatusPublished
Cited by19 cases

This text of 46 S.W. 63 (Texas Loan Agency v. Fleming) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texas Loan Agency v. Fleming, 46 S.W. 63, 18 Tex. Civ. App. 668, 1898 Tex. App. LEXIS 158 (Tex. Ct. App. 1898).

Opinion

FLY, Associate Justice.

This is a suit for' damages caused by the death of Edgar Fleming, instituted by his wife, children, and parents against appellee. The cause was tried by jury and resulted in a verdict and judgment for $20,000 in favor of his wife and children.

It was established by the facts that appellant in 1891 held a mortgage on a certain hotel building in Texarkana, Texas, owned by one Benefield, and to settle the matter, the hotel was partitioned, Benefield getting a portion 32 feet wide and 130 feet long, and appellant the balance of the building. The hall running east and west ran across both portions of the house and was used jointly by the different owners. The hall running north and south-was in the part of the building belonging to Benefield. The water-closets in the building were all on the property belonging to appellant. Guests of the hotel, on the second floor, in order to *669 reach the water-closets had to pass along the hall running north and south until a short hall, also on Benefield’s property, running east and west, was reached, at the end of which the room in which the water-closets were situated was reached. This room belonged to appellant, and access to it could only be obtained in the manner described. In addition to the door leading from the hall into the room there was a door on the south of the room which opened out into space. The water-closets were used indiscriminately by guests whether in Benefield’s or appellant’s parts of the house. The hotel was on May 1, 1891, leased by Benefield and appellant to D. McGraw for a term of five years. At the time of the lease the door leading out into space was not locked nor in any manner protected or guarded, but was left open. The condition of the door was known to appellant, and it remained in that condition until the accident occurred, on the morning of March 3, 1892. On February 1, 1892, Mc-Graw abandoned the hotel and appellant proceeded to collect rents from tenants of McGraw on the first floor, and Benefield opened a hotel in his part of the building, and with the knowledge and consent of appellant the guests of Benefield used the water-closets above described. On the night of March 2, 1892, Edgar Fleming, a guest of Benefield, went to the water-closets, and the door being open that opened out into space, stepped out, fell to the pavement fifteen feet below, and received injuries from which he died on March 4, 1892. We find that appellant at this time had resumed control of the hotel, and that the door was open on the night of the accident. Edgar Fleming was not guilty of contributory negligence in going through the door. Edgar Fleming lost his life through the negligence of appellant. The accompanying diagram will render assistance in arriving at an understanding of the condition of the premises hereinbefore mentioned:

*670

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Bluebook (online)
46 S.W. 63, 18 Tex. Civ. App. 668, 1898 Tex. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-loan-agency-v-fleming-texapp-1898.