Legal Opinion

Boyer & Lucas v. St. Louis, San Francisco & Texas Railway Co.

Texas Supreme Court

Decided November 5, 1903No. 1244PublishedCited by 35 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Grayson County. Boyer & Lucas sued the railway company for damage to real property, and appealed from a judgment for defendant. On affirmance they obtained writ of error.

1Opinion of the Court

WILLIAMS, Associate Justice.

This action was brought by plaintiffs in error to recover of defendant in error damages for depreciation in value of real estate owned by plaintiffs in Sherman, resulting from the construction and operation of the railway of defendant along an adjacent street. On one of the lots in question was a storehouse used by plaintiffs in the mercantile business, and on the others were tenement houses which plaintiffs rented to tenants. Certain citizens of Sherman who had agreed with defendant to indemnify it against such claims for damages were brought in by it in order…

2Cases cited4 opinions

  1. G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
  2. Daniel v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1903
  3. International & G. N. R. R. Co. v. Smith CountyTexas Supreme Court · 1880
  4. Streyer v. Georgia Southern & Florida RailroadSupreme Court of Georgia · 1892

3Cited by35 opinions

  1. State v. CarpenterTexas Supreme Court · 1936
  2. City of Harlingen v. Estate of SharboneauTexas Supreme Court · 2001
  3. Sherman Gas & Electric Co. v. BeldenTexas Supreme Court · 1909
  4. Foley Bros. Dry Goods Co. v. SettegastCourt of Appeals of Texas · 1939
  5. City of Austin v. HowardCourt of Appeals of Texas · 1941

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