Sabine & East Texas R'y Co. v. Johnson
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. W. H. Ford. This is a suit by Ben J. Johnson against the Sabine and East Texas Railway company, for damages for injury to land, fruit trees, growing crops, grass and live stock, from overflow caused by the negligent and improper construction of defendant’s road.
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Appeal from Jefferson. Tried below before the Hon. W. H. Ford. This is a suit by Ben J. Johnson against the Sabine and East Texas Railway company, for damages for injury to land, fruit trees, growing crops, grass and live stock, from overflow caused by the negligent and improper construction of defendant’s road. The petition, which was lengthy, alleged, in substance, that the plaintiff was, and for more than ten years last past had been, the owner of a certain tract of land (a description of which is set forth in the petition), containing one hundred and twenty acres, and situated in…
1Opinion of the Court
Robertson, Associate Justice.
The measure of damages for negligently deluging the land of another, without permanently taking it, is the value of products, including fruit trees, destroyed and the injury done to the land, and not the difference between the value of the land before and after the overflow. R’y Co. v. Harrington, 62 Tex. 597 and R’y. Co. v. Helsley, 62 Tex. 593.
This rule entitled the appellee to recover the value of his grass submerged, but not the price of new pastures, or the expense of driving his cattle to them. His failure to claim what he was entitled to, gave him no equity…
2Cases cited2 opinions
- Gulf, Col. & S. F. R'y Co. v. HelsleyTexas Supreme Court · 1884
- Tex. & Pac. R'y Co. v. HarringtonTexas Supreme Court · 1884
3Cited by10 opinions
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Pace v. PotterTexas Supreme Court · 1893
- Risse v. CollinsIdaho Supreme Court · 1906
- Big Goose & Beaver Ditch Co. v. MorrowWyoming Supreme Court · 1899
- Windfohr v. Johnson's EstateCourt of Appeals of Texas · 1932
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