Galveston, H. & S. A. R. R. Co. v. Pfeuffer & Ireland
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. E. Lewis. Suit by Pfeuffer & Ireland against appellant, alleging that appellant had forcibly taken possession of and evicted appellees from their land; that defendant had already greatly damaged appellees in cutting and filling said property and in divers ways destroying its value; that the line of the road was then located and established from east to west across the land the entire distance, thereby partially injuring the…
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Appeal from Guadalupe. Tried below before the Hon. E. Lewis. Suit by Pfeuffer & Ireland against appellant, alleging that appellant had forcibly taken possession of and evicted appellees from their land; that defendant had already greatly damaged appellees in cutting and filling said property and in divers ways destroying its value; that the line of the road was then located and established from east to west across the land the entire distance, thereby partially injuring the same in value and usefulness; that the company was then in the act of making another survey; in fact had run a line, and…
1Opinion of the Court
Quinan, J. Com. App.
The second assignment of errors, that the court erred in refusing to strike out plaintiffs’ amended petition, is in our judgment well taken.
The amended petition attempts to avoid the grant by Ireland to the railroad company of the right of way over his land, alleging that it was given “on the express condition and understanding that said defendant would make no depot at the Guadalupe river west of the town of Seguin, and that it would not deliver freight or passengers at said point, but that it would deliver all freight and passengers traveling over or transported over its…
2Cases cited5 opinions
- East Line & Red River Railroad v. GarrettTexas Supreme Court · 1879
- May v. SladeTexas Supreme Court · 1859
- Lemmon v. HanleyTexas Supreme Court · 1866
- Chrisman v. MillerTexas Supreme Court · 1855
- O'Conner v. SilverTexas Supreme Court · 1863
3Cited by45 opinions
- Kahn v. KahnTexas Supreme Court · 1900
- Paris Grocer Co. v. W.H. BurksTexas Supreme Court · 1907
- San Antonio & Aransas Pass Railway Co. v. RubyTexas Supreme Court · 1891
- Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
- Gulf, Colorado & Santa Fe Railway Co. v. JonesTexas Supreme Court · 1891
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