Houston & Texas Central R. R. Co. v. Odum
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Richardson. Suit brought by B. M. Odum, appellee, against appellant, on January 25, 1873, to recover damages sustained by him as the owner of lots in the city of Austin, in consequence of the appropriation and occupancy of Pine street, in front of his premises, by appellant, for the purpose of building and operating its railroad.
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Appeal from Travis. Tried below before the Hon. J. P. Richardson. Suit brought by B. M. Odum, appellee, against appellant, on January 25, 1873, to recover damages sustained by him as the owner of lots in the city of Austin, in consequence of the appropriation and occupancy of Pine street, in front of his premises, by appellant, for the purpose of building and operating its railroad. Odum alleged that the railroad had so obstructed the street with its road track, side track and switches, and with its engines and cars, as to render the same unfit for ordinary travel; that the appellant had dug…
1Opinion of the Court
Gould, Associate Justice.
Since this case was tried this court has held that a charter to build a railroad to a city imports an authority to extend the road within the corporate limits, and that the statute conferred on the railroad having such a charter the right to use any public street of such city without compensation; the particular street being either agreed upon with the authorities of the city or designated in the manner pointed out by the statute. Rio Grande Railroad Co. v. Brownsville, 45 Tex., 88; Pasch. Dig., arts. 4936, 4937, 4941.
The court below took a different view of the law,…
2Cases cited3 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Rio Grande Railroad v. City of BrownsvilleTexas Supreme Court · 1876
3Cited by18 opinions
- McCammon & Lang Lumber Co. v. Trinity & Brazos Valley Railway Co.Texas Supreme Court · 1911
- G., C. & Santa Fe R. R. Co. v. EddinsTexas Supreme Court · 1884
- Floeck v. StateCourt of Criminal Appeals of Texas · 1895
- Rische v. Texas Transportation Co.Court of Appeals of Texas · 1901
- City Com'rs of Port Arthur v. FantCourt of Appeals of Texas · 1916
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