Fort Worth & Rio Grande Railway Co. v. Downie
Texas Supreme Court
The petition, after describing the lots, etc., alleged the acts complained of substantially:' “That on August 1, defendant began to construct its line of railway over and across Railroad Avenue near plaintiffs’ premises, and two other lines to be used as switch yards, entering Railroad Avenue west of and within sixty feet of plaintiffs’ property on the south side of Railroad Avenue, thence running diagonally across the same in a northeasterly direction, and continuing said…
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The petition, after describing the lots, etc., alleged the acts complained of substantially:' “That on August 1, defendant began to construct its line of railway over and across Railroad Avenue near plaintiffs’ premises, and two other lines to be used as switch yards, entering Railroad Avenue west of and within sixty feet of plaintiffs’ property on the south side of Railroad Avenue, thence running diagonally across the same in a northeasterly direction, and continuing said tracks in an easterly direction on land immediately adjoining Railroad Avenue and within about sixty-feet and in front of…
1Opinion of the Court
STAYTON, Chief Justice.
Appellees owned, two improved lots on which they resided, and appellant constructed its railway, switches, and coal bins in front of the lots, and has continued thereon to operate them. There is some conflict in the evidence as to whether the railway occupied the street in front of the lots, and the weight of the testimony perhaps tends to show that but a small part of the street in front of the lots was so occupied, but it is an undisputed fact that appellant’s tracks run just in front of the lots; and the evidence shows that they are rendered less valuable by the…
2Cases cited1 opinion
- Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
3Cited by14 opinions
- Wiggins v. BissoTexas Supreme Court · 1898
- Eastern Texas Railroad v. EddingsCourt of Appeals of Texas · 1902
- Houston Belt & Terminal Ry. Co. v. WilsonCourt of Appeals of Texas · 1914
- Cassidy v. Scottish-American Mortgage Co.Court of Appeals of Texas · 1901
- Cleghon v. Barstow Irrigation Co.Court of Appeals of Texas · 1906
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