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

BOOKHOUT, Associate Justice.

This was a suit by defendant in error against plaintiff in error for damages to his farm by depreciation in value for alleged failure to keep and maintain a depot at Arabia, Lamar County, Texas, on land conveyed by plaintiff to defendant for that purpose. Plaintiff claimed that the consideration for his deed to the defendant was its agreement to build and maintain a depot on the land “for all time, or as long as said railroad should be operated.” Defendant answered by general denial and by special answer setting up that the consideration for plaintiffs deed to it…