Gulf, Western Texas & Pacific Railway Co. v. Goldman
Texas Supreme Court
Application for writ of error to Court of Civil Appeals for First District, in an appeal from Victoria County. The error complained of was, that “the record in this case showing, as found by the Court of Civil Appeals, that appellee instituted this suit, during the existence of the marital relation, to recover damages to realty community property, the Court of Civil Appeals erred in holding that after the death of appellee’s wife, intestate and leaving heirs, appellee, who…
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Application for writ of error to Court of Civil Appeals for First District, in an appeal from Victoria County. The error complained of was, that “the record in this case showing, as found by the Court of Civil Appeals, that appellee instituted this suit, during the existence of the marital relation, to recover damages to realty community property, the Court of Civil Appeals erred in holding that after the death of appellee’s wife, intestate and leaving heirs, appellee, who had never qualified as survivor of the community, could prosecute this suit alone, without any showing of the existence…
1Opinion of the Court
DENMAN, Associate Justice.
Herman Goldman and his wife sued the Gulf, Western Texas & Pacific Bail way Company for damages resulting from the negligent digging of a ditch without proper outlets, whereby water collected and became stagnant near plaintiffs’ residence, causing (1) depreciation in value of their home, for which the jury allowed $1000; (2) sickness in family, necessitating expenses for physicians and medicines, for which the jury allowed $600; (3) removal from said residence to town and renting another place, for which the jury allowed $250; and (4) loss of time in going to and…
2Cases cited2 opinions
- H. H. Rowland & Bro. v. MurphyTexas Supreme Court · 1886
- Fulton, Hensley & Co. v. ThompsonTexas Supreme Court · 1857
3Cited by12 opinions
- City of Athens v. EvansTexas Commission of Appeals · 1933
- Tholl v. SpeerCourt of Appeals of Texas · 1921
- Missouri, K. & T. Ry. Co. of Texas v. AndersonCourt of Appeals of Texas · 1917
- Southern Underwriters v. LewisCourt of Appeals of Texas · 1941
- Gulf, Western Texas & Pacific Railway Co. v. GoldmanCourt of Appeals of Texas · 1894
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