Eastern Texas Railway Co. v. Scurlock
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Angelina County. The railway company prosecutes error upon the affirmance, on "its appeal, of a judgment recovered against it at suit of Scurlock.
1Opinion of the Court
WILLIAMS, Associate Justice.
Defendant in error sought by this action to recover damages resulting from the construction and operation of defendant’s depot and railway upon a public street adjacent to his homestead. An element of damage claimed was diminution in the value of the property. The evidence tended to show interference with the comfort and convenience of plaintiff and his family in the use of their home by noise, smoke, cinders and other circumstances connected with the operation of the road, and that the property had been thereby rendered less suitable for a residence. Other…
2Cases cited2 opinions
- Southern Pacific Railway Co. v. R. E. Maddox & Co.Court of Appeals of Texas · 1889
- Boyer & Lucas v. St. Louis, San Francisco & Texas Railway Co.Texas Supreme Court · 1903
3Cited by14 opinions
- Stanley v. SumrellCourt of Appeals of Texas · 1914
- Murray v. MorrisCourt of Appeals of Texas · 1928
- Wichita Falls & N. W. Ry. Co. v. MunsellSupreme Court of Oklahoma · 1913
- J. P. Watkins Land Mortgage Co. v. CampbellTexas Supreme Court · 1905
- Sample v. Tennessee Gas Transmission Co.Texas Supreme Court · 1952
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