Hughes v. City of Austin
Court of Appeals of Texas
Plaintiffs petition, paragraph thirteen, was as follows: Plaintiff further alleges and charges that of the hereinbefore mentioned animals, the following described animals, in spite of the efforts and means and care exerted and used by plaintiff as aforesaid to prevent such results, got into said bogg) strip of land and bogged down and died, some of them sinking out of sight into said mud; that said animals at the time they so bogged and died in said mud were partly graded,…
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Plaintiffs petition, paragraph thirteen, was as follows: Plaintiff further alleges and charges that of the hereinbefore mentioned animals, the following described animals, in spite of the efforts and means and care exerted and used by plaintiff as aforesaid to prevent such results, got into said bogg) strip of land and bogged down and died, some of them sinking out of sight into said mud; that said animals at the time they so bogged and died in said mud were partly graded, thoroughbred, and partly ordinary American horses, as hereinafter set out, and each and all of said animals were…
1Opinion of the Court
FISHER, Chief Justice.
The city of Austin erected a dam across the Colorado river which caused the waters of the river to flow back and permanently submerge lands of the appellant fronting the stream. After-wards the city caused the waters to be temporarily lowered, and as a result thereof mud banks and stagnant water were left exposed between the water front of plaintiffs land and' the channel of the river. As a result of these acts, in the suit of appellant against the city, various items of damages are claimed, but wo will confine our attention to those claimed in paragraphs 12,12-J- and 13…
2Cases cited13 opinions
- Gilbert v. KennedyMichigan Supreme Court · 1871
- Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
- Clark v. DyerTexas Supreme Court · 1891
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Streett v. LaumierSupreme Court of Missouri · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cooper v. KnightCourt of Appeals of Texas · 1912
- Thompson v. FieldCourt of Appeals of Texas · 1914
- Yellow Cab Co. v. UnderwoodCourt of Appeals of Texas · 1940
- Winn v. WarnerCourt of Appeals of Texas · 1947
- W. F. Norman & Sons v. ClarkCourt of Appeals of Texas · 1920
3 more not listed; retrieve them via the Exa API.