Gulf, Colorado & Santa Fe Railway Co. v. Pomeroy
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. H. Stewart. This suit was brought by E. P. Pomeroy, to recover damages to plaintiff’s crops, caused by insufficient culverts in defendant’s road embankment.
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Appeal from Galveston. Tried below before the Hon. W. H. Stewart. This suit was brought by E. P. Pomeroy, to recover damages to plaintiff’s crops, caused by insufficient culverts in defendant’s road embankment. One of the allegations of the petition which seems to have been fully sustained by the evidence was the following: “Plaintiff further avers the said lands and crops then being under water as aforesaid, and endangered thereby, defendants completely destroyed the same on or about the said tenth day of June, 1885, and on several days before and thereafter, by— while the said land was…
1Opinion of the Court
Gaines, Associate Justice.
We think the exceptions to the-petition upon the ground that the .land upon which plaintiff’s crops were growing at the time of their alleged destruction is not sufficiently described, were properly overruled. The allegations in question are that plaintiff and one Renchlow were “engaged in farming and cultivating cotton, corn and other produce on a certain tract of land near the Brazos river and in said county of Fort Bend, and near, about half a mile, northeast of Thompson’s switch, in said county, said tract of land being well known, and marked on the map of said…
2Cases cited1 opinion
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
3Cited by39 opinions
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
- City of Austin v. HowardCourt of Appeals of Texas · 1941
- San Antonio & Aransas Pass Railway Co. v. KierseyTexas Supreme Court · 1905
- Missouri Pacific Railroad v. JohnsonTexas Supreme Court · 1888
- Anderson v. Rucker Bros.Washington Supreme Court · 1919
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