
    MOOSE v. MISSOURI, K. & T. RY. CO. OF TEXAS.
    (No. 9560.)
    (Supreme Court of Texas.
    Dec. 1, 1915.)
    1. OouRTS <&wkey;247 — County Courts — Jurisdiction-Amount.
    An action against a railroad in the district court to recover for the destruction of a house by fire, laying damages at $1,000, and interest from the date of its destruction, inclusive of interest, made the amount in controversy more than $1,000, and a case of which the county court would not have had jurisdiction, so that the jurisdiction of the Court of Civil Appeals over the case was not final.
    [Ed. Note. — Por other cases, see Courts, Cent. Dig. §§ 487, 749, 751-754, 757, 759, 760, 762-764; Dec. Dig. &wkey;247J
    2. Damages <&wkey;69 — Unliquidated Claims.
    In such action interest was recoverable only as a part of the damages.
    [Ed. Note. — Por other cases, see Damages, Cent.- Dig. §§ 137-140; Dec. Dig. &wkey;69.]
    On motion to dismiss a petition for a writ of error.
    Motion overruled.
    Por opinion below, see 179 S. W. 75.
    L. E. Blankenbecker, of Houston, for applicant. Baker, Botts, Parker & Garwood, of Houston, for- defendant.
   PHILLIPS, C. J.

The defendant in error has filed a motion to dismiss the petition for writ of error upon the ground that the jurisdiction of the Court of Civil Appeals over the case is final; the amount in controversy being such as to make the suit cognizable by the county court.

The suit was filed in the district court. It was one for the recovery of damages arising from the destruction of a house by fire. In the petition the damages are laid at $1,000, with interest from the date of the destruction of the house, June 2, 1913. In a suit of this character interest is recoverable only as a part of the damages. Baker v. Smelser, 88 Tex. 26, 29 S. W. 377, 33 L. R. A. 163; Railway Co. v. Rayzor, 172 S. W. 1103. Inclusive of .the interest sued for, the amount in controversy exceeds $1,000, and the case is therefore not one of which the county court would have had jurisdiction.

The motion is overruled. 
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