Buffalo Bayou, Brazos & Colorado Railroad v. Ferris
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. Peter W. Gray. Appellee sued appellant in the District Court of Fort Bend county, alleging that he was the owner of certain premises constituting the homestead of the plaintiff and situated in the town of Richmond in said Fort Bend county; that the defendant, the Buffalo Bayou, Brazos and Colorado Railway Company was a body Corporate, established and created by the legislature of the ¡State of Texas, and was engaged in the…
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Appeal from Harris. Tried below before the Hon. Peter W. Gray. Appellee sued appellant in the District Court of Fort Bend county, alleging that he was the owner of certain premises constituting the homestead of the plaintiff and situated in the town of Richmond in said Fort Bend county; that the defendant, the Buffalo Bayou, Brazos and Colorado Railway Company was a body Corporate, established and created by the legislature of the ¡State of Texas, and was engaged in the construction of a railway under its charter; and that said company, by its agents, with force and arms, had entered upon and…
1Opinion of the CourtMoore, J.
It cannot be questioned that a railroad for general travel, or the transportation of produce for the country at large, is a “ public use,” for the construction of which private property may be taken or applied, upon adequate compensation for it being made. That the road for the construction of which, the property when taken is to be applied, is a corporation of private individuals, to whose benefit the profits of the road, when complete, will alone accrue, furnishes no valid objection to such appropriation of private property. One of the chief occasions for the exercise of this right of…
2Cases cited9 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Moale v. Mayor of BaltimoreCourt of Appeals of Maryland · 1853
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- State v. CarpenterTexas Supreme Court · 1936
- Westgate, Ltd. v. StateTexas Supreme Court · 1992
- State v. SchmidtTexas Supreme Court · 1994
- City of Dallas v. StewartTexas Supreme Court · 2012
- Religious of the Sacred Heart of Texas v. City of HoustonTexas Supreme Court · 1992
55 more not listed; retrieve them via the Exa API.