I. & G. N. R'y Co. v. Benitos
Texas Supreme Court
Appeal from. Bexar. Tried below before the Hon. George H. Hoonan. In this case there was no claim for other than actual damages. The evidence of injury to crops consisted of estimates of their probable value at maturity, they having been destroyed while growing.
1Opinion of the Court
Stayton, Associate Justice.—
This action, was brought by the appellees to recover damages for an alleged trespass upon and occupation by the railroad company, for its roadway, of land which was alleged to be the property of Mrs. Benitos. The petition alleged that fencing was torn down and destroyed on the line of the railway, and that by the failure of the railroad company to restore the fences the appellees were prevented from making a crop on the farm through which the railroad was constructed.
There was a prayer for $300 for the valúe of the land used by the railroad company, and for $250…
2Cases cited7 opinions
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Stein v. BurdenSupreme Court of Alabama · 1854
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
- Gilman v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Dallas v. CrawfordCourt of Appeals of Texas · 1920
- Tarrant County Water Control & Improvement Dist. No. 1 v. FowlerCourt of Appeals of Texas · 1943
- Hays v. T. & P. R'y Co.Texas Supreme Court · 1884
- Chicago, R. I. & G. Ry. Co. v. JohnsonCourt of Appeals of Texas · 1913
- Rio Grande & Eagle Pass Railway Co. v. OrtizCourt of Appeals of Texas · 1890
13 more not listed; retrieve them via the Exa API.