Williams v. Davidson
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. D. D. Claiborne. Davidson and others claimed to be owners of an iron bridge which spans the Guadalupe river at the town of Victoria. The town tract, consisting of four square leagues, lies in nearly, equal parts upon each side of the river; while the town proper, one mile square, lies upon the east side.
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Appeal from Victoria. Tried below before the Hon. D. D. Claiborne. Davidson and others claimed to be owners of an iron bridge which spans the Guadalupe river at the town of Victoria. The town tract, consisting of four square leagues, lies in nearly, equal parts upon each side of the river; while the town proper, one mile square, lies upon the east side. Between the blocks and lots of the town proper and the river’s edge, there is a reservation seventy-five varas wide for public uses, and called the levee; and on the opposite side there is a like reservation, between the river and the farm…
1Opinion of the CourtRoberts, C. J.
Appellees obtained a decree, enjoining appellants from charging them toll upon a toll bridge across the Guadalupe Biver, in the city of Victoria, from which an appeal has been taken.
The questions in this case are:
*29First. Is the toll-gate kept on the bridge which prevents persons from crossing the river on it a nuisance ?
Second. Have the defendants in error (who are the plaintiffs below) sustained such special damages thereby, and have they such a common right as corporators as entitles them, for themselves and on behalf of their fellow-citizens of the city of Victoria, to maintain this suit to…
2Cases cited4 opinions
- Dively v. City of Cedar FallsSupreme Court of Iowa · 1869
- Green v. OakesIllinois Supreme Court · 1855
- Prosser v. Wapello CountySupreme Court of Iowa · 1865
- Reid v. ReidTexas Supreme Court · 1854
3Cited by26 opinions
- City of Brenham v. Brenham Water Co.Texas Supreme Court · 1887
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896
- City of San Antonio v. StrumbergTexas Supreme Court · 1888
- Brenham v. German American BankSupreme Court of the United States · 1892
- Adams v. City of ShelbyvilleIndiana Supreme Court · 1900
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