Texas & New Orleans Railway Co. v. White

GILL, Associate Justice.

This suit was brought by appellee against appellant for damages for the removal of sand and soil from land owned by appellee. A trial by jury resulted in a verdict and judgment for appellee for $200, from which the railway company has appealed.

It was shown that appellant owned a tract of land adjoining appellee’s, and had, in using the soil and sand for its own and other purposes, dug a pit about 20 feet deep, and so near to appellee’s land as to cause it to slide or cave into the pit. It was shown that the land thus taken from appellee’s tract was of three kinds. Part…