T. & St. Louis E. E. Co. v. Jarrell
Texas Supreme Court
Appeal from Henderson. Tried below before the Hon. John C. Robertson. Trespass to try title, brought by J. H. Jarrell, against the Texas & St. Louis Railway Company, to recover a tract of land described in his petition, and $500 damages. Plaintiff alleged that the entry of defendant upon the land was wrongful and without his consent.
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Appeal from Henderson. Tried below before the Hon. John C. Robertson. Trespass to try title, brought by J. H. Jarrell, against the Texas & St. Louis Railway Company, to recover a tract of land described in his petition, and $500 damages. Plaintiff alleged that the entry of defendant upon the land was wrongful and without his consent. Defendant disclaimed as to all of the land except a strip of one hundred feet in width, lying fifty feet on each side of its railway, and as to that part pleaded that its entry thereon was with the knowledge and consent of plaintiff, and that he had donated to…
1Opinion of the Court
West, Associate Justice.
The admissions of appellee in his . pleadings, and his own testimony, as well as the evidence of other witnesses on the trial, tend very strongly to show that he had at one time agreed and contracted with the appellant to give the right of way through his farm near Athens, provided the citizens of Henderson county were under legal obligation to the appellant to secure the same.
The proof is also practically uncontradicted to the effect that, acting upon this contract and understanding with the appellee, the appellant had some time before, probably a short time, but…
2Cases cited5 opinions
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Rowlett v. LaneTexas Supreme Court · 1875
- Houston & E. T. R'y Co. v. AdamsTexas Supreme Court · 1883
- Hatch v. StateCourt of Appeals of Texas · 1880
3Cited by42 opinions
- Motl v. BoydTexas Supreme Court · 1926
- Brown Cracker & Candy Co. v. CastleCourt of Appeals of Texas · 1930
- Carleton v. DierksCourt of Appeals of Texas · 1947
- Indemnity Ins. Co. of North America v. HarrisCourt of Appeals of Texas · 1932
- Texas & P. R'y Co. v. GarciaTexas Supreme Court · 1884
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