Foster v. Gulf, Colorado & Santa Fe Railway Co.
Texas Supreme Court
. Error to the Court of Civil Appeals for the Fourth District, in an appeal from Austin County. Foster sued the railway company for damages to land and Harrison intervened. Both plaintiffs recovered and defendant appealed, securing reversal as to Harrison. Appellees obtained a writ of error. The company filed cross-assignment, of error in affirming the judgment as to Foster.
1Opinion of the Court
BROWN, Associate Justice.
This is a suit against the railroad company for damages alleged to have been caused by it to a certain tract of land situated in Brazoria County which belonged to C. Foster and J. M. Harrison as tenants in common.
On the 4th day of April, 1896, C. Foster filed his petition in the District Court of Austin County against the railroad company, alleging that he was the owner of the land in fee simple, describing it as situated in Brazoria County, Texas, and that while he was in possession of the land the defendant destroyed fruit trees growing thereon of the value of $2320.
2Cases cited2 opinions
- May v. SladeTexas Supreme Court · 1859
- H. H. Rowland & Bro. v. MurphyTexas Supreme Court · 1886
3Cited by16 opinions
- Sims v. Trinity Farm Const. Co.Court of Appeals of Texas · 1930
- Leyendecker v. HarlowCourt of Appeals of Texas · 1945
- Baker v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1916
- Hicks v. Southwestern Settlement & Development Corp.Court of Appeals of Texas · 1945
- Trammell v. San Antonio Life Ins. Co.Court of Appeals of Texas · 1919
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