Legal Opinion

Gulf, Colorado & Santa Fe Railway Co. v. Johnson

Texas Supreme Court

Decided November 7, 1886No. 6036PublishedCited by 33 opinions

Appeal from Tarrant. Tried below before the Hon. R. E. Beckham. Johnson filed this suit against appellant in the district court of Tarrant county, September 8, 1884. He alleged that he was lessee of a building, and that without his consent defendant fastened a wire to secure a telegraph pole, in a brick wall on the roof of the building, which caused a part of the wall to fall.

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Appeal from Tarrant. Tried below before the Hon. R. E. Beckham. Johnson filed this suit against appellant in the district court of Tarrant county, September 8, 1884. He alleged that he was lessee of a building, and that without his consent defendant fastened a wire to secure a telegraph pole, in a brick wall on the roof of the building, which caused a part of the wall to fall. The falling of the wall during a heavy rain caused the plaintiff’s rooms to be flooded with water, whereby injury was done to the paper on the walls, the carpets and to certain gaming tables and implements in the rooms.…

1Opinion of the Court

Hobby, Judge.

Appellant’s first and second assignments of error deny the right of appellee to recover in this action, under •the averment in his petition that “said paper and carpet was injured, and his said furniture, and gaming implements— wheel of fortune—were also damaged, injured and depreciated in value, to the extent of eight hundred and fifteen dollars.”

It is urged that gaming, under the laws of this State, is contrary to and inhibited by the penal statutes, and that the de*621struction of or injury to implements of that character, or used for that purpose, would not support an action for…

2Cases cited5 opinions

  1. Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
  2. Kitchen v. GreenabaumSupreme Court of Missouri · 1875
  3. McGrath v. MerwinMassachusetts Supreme Judicial Court · 1873
  4. Booth v. AblemanWisconsin Supreme Court · 1865
  5. Connolly v. City of BostonMassachusetts Supreme Judicial Court · 1875

3Cited by33 opinions

  1. Boerjan v. RodriguezTexas Supreme Court · 2014
  2. Rico v. FloresCourt of Appeals for the Fifth Circuit · 2007
  3. Geoffrey Dugger v. Mary Ann Arredondo, Individually and as Representative of the Estate of Joel MartinezTexas Supreme Court · 2013
  4. Saks v. Sawtelle, Goode, Davidson & Troilo, Texas Court of Appeals, 4th District (San Antonio)1994
  5. Dover v. Baker, Brown, Sharman & Parker, Texas Court of Appeals, 1st District (Houston)1993

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