Legal Opinion

Allen Yarbrough v. Texas P. Ry.

Court of Appeals of Texas

Decided June 7, 1928No. 2154PublishedCited by 10 opinions

1Opinion of the CourtHiggins, J.

Appellants brought this suit against appellee, alleging that they were' possessed of certain described lands in Ward, Crane, and Ector counties across which the defendant’s line of railroad runs; said railroad right of way is inclosed by a fence 50 feet.on each side of the railroad center line; defendant is about to remove its northerly fence 50 feet to the north, thereby inclosing part of plaintiffs’ land and depriving them of the use, occupation, and possession thereof; plaintiffs have no adequate remedy at law; an action for damages is inadequate because such damages would be conjectural…

2Cases cited3 opinions

  1. Hill v. BrownTexas Commission of Appeals · 1922
  2. Jeff Chaison Townsite Co. v. McFaddin, Wiess & Kyle Land Co.Court of Appeals of Texas · 1909
  3. Dilworth v. BuchananCourt of Appeals of Texas · 1925

3Cited by10 opinions

  1. Morgan v. BrannonCourt of Appeals of Texas · 1936
  2. Head v. Commissioners' Court of Hutchinson CountyCourt of Appeals of Texas · 1929
  3. City of Dallas v. PattiCourt of Appeals of Texas · 1956
  4. Marshall v. SmithCourt of Appeals of Texas · 1932
  5. Svrcek v. HahnCourt of Appeals of Texas · 1937

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