I. & G. N. R'y Co. v. Pape
Texas Supreme Court
Appeal from Comal. Tried below before the Hon. Thomas M. Paschal. Suit by Wm. Pape against the I. & G. N. R’y Co. for $1,000 damages.
Read the full summary
Appeal from Comal. Tried below before the Hon. Thomas M. Paschal. Suit by Wm. Pape against the I. & G. N. R’y Co. for $1,000 damages. The petition alleged four grounds of damages, in substance as follows: 1. For carelessly constructing its road-bed over his land in such a manner as to cut off and separate about five acres of his land from the remainder of his tract, so as to deprive him of access to the five acres, to his damage $250. 2. For reasonable cost of building a necessary crossway over the railroad to enable Pape to go to and from his five acres, the further sum of $250. 3. For…
1Opinion of the Court
Walker, P. J. Com. App.
The legal sufficiency of the first count of the petition is involved under the fifth assignment of error. The fifth assignment is that “ The court erred in overruling defendant’s eighth special exception to plaintiff’s petition, which sought to strike out the claim for damages for §250 for failure on the part of defendant to provide a crossing over its road for the convenience of plaintiff in passing to and fro over the same, because the said count showed no legal obligation on the part of defendant to make such crossing.”
The special exception referred to is that “ It…
2Cited by12 opinions
- International & Great Northern Railroad v. PapeTexas Supreme Court · 1889
- Texas & Sabine Railway Co. v. MeadowsTexas Supreme Court · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1888
- Clements v. Fort Worth & D. S. P. Ry. Co.Court of Appeals of Texas · 1928
- Jefferson County Traction Co. v. WilhelmCourt of Appeals of Texas · 1917
7 more not listed; retrieve them via the Exa API.