International Bridge & Tramway Co v. McLane
Court of Appeals of Texas
Error from Webb. Tried below before Thomas. W. Dodd, Esq., Special Judge. Where a corporation has entered upon the land of another without condemnation, and has made improvements thereon, the owner of such land is not entitled to have the value of these improvements included in the amount of damages payable to him, and it is error for the court to assess the value of such improvements in estimating the amount of compensation due the land owner. 6 Am. and Eng.
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Error from Webb. Tried below before Thomas. W. Dodd, Esq., Special Judge. Where a corporation has entered upon the land of another without condemnation, and has made improvements thereon, the owner of such land is not entitled to have the value of these improvements included in the amount of damages payable to him, and it is error for the court to assess the value of such improvements in estimating the amount of compensation due the land owner. 6 Am. and Eng. Encyc. of Law, 567; 20 Am. and Eng. By. Cases, 309; 5 Id., 378; Bailway v. Armstrong, 46 Cal., 85; Justice v. Bailway, 87 Pa. St., 28.…
1Opinion of the Court
The defendant in error sued plaintiff in error in the ordinary form of trespass to try title to a certain lot of ground in Laredo. Plaintiff in error, after disclaiming title to the land, alleged in its answer, by way of a cross-bill, that by authority of an ordinance of the city of Laredo it constructed a bridge across the Rio Grande, placing the same with its abutments and a toll house in Convent street of said city; that under said ordinance, it had a right to occupy said street and other city property with said bridge and approaches thereto. That it built the abutments of said bridge and…
2Cited by13 opinions
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- City of Piney Point Village v. Harris CountyCourt of Appeals of Texas · 1972
- Aldridge v. Board of EducationSupreme Court of Oklahoma · 1905
- McClarren v. Jefferson School TownshipIndiana Supreme Court · 1907
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