Texas & St. Louis R. R. Co. v. Matthews
Texas Supreme Court
Appeal from Bowie. Tried below before the Hon. B. T. Estes. H. S. Matthews instituted this suit on the 10th of February, 1881, against the appellant, to recover damages for the construction of the railway across the H. S. Janes survey of land, situated in Bowie county. First, for the value of the land taken; second, for the value of the timber cut down.
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Appeal from Bowie. Tried below before the Hon. B. T. Estes. H. S. Matthews instituted this suit on the 10th of February, 1881, against the appellant, to recover damages for the construction of the railway across the H. S. Janes survey of land, situated in Bowie county. First, for the value of the land taken; second, for the value of the timber cut down. Trial and verdict for the plaintiff for the sum of $500. Upon this a remittitur of $35 was entered by plaintiff, upon the suggestion of the court that the verdict was at least excessive to that extent, whereby the amount was reduced to $465,…
1Opinion of the Court
Willie, Chief Justice.
The only question for our decision in this case is; What is the measure of damages in an action brought by the owner of land against a railroad company for taking possession of a portion of his land without his consent and constructing a railroad through it!
Our statute, in cases where land is condemned under it, provides that the commissioners shall estimate the injuries sustained and the benefits received by the owner as to the remaining portion of the real estate, and the extent of such increase or diminution, and shall assess the damages accordingly. R. S., art. 4195.…
2Cases cited1 opinion
- Buffalo Bayou, Brazos & Colorado Railroad v. FerrisTexas Supreme Court · 1863
3Cited by19 opinions
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- Glover v. State Highway CommissionSupreme Court of Kansas · 1938
- Hamilton County v. GarrettTexas Supreme Court · 1884
- Tarrant County Water Control & Improvement Dist. No. 1 v. FowlerCourt of Appeals of Texas · 1943
- Fort Worth & D. S. P. Ry. Co. v. GilmoreCourt of Appeals of Texas · 1928
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