St. Louis, San Francisco & Texas Railway Co. v. Shaw
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Grayson County. Libbie Shaw sued the railway company and recovered judgment. Defendant appealed, and on affirmance obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
The plaintiff in error (defendant below) constructed its railroad, freight depot and five spur tracks upon its right of way and depot grounds in the city of Denison, near the homestead of defendant in error.- She brought this action to recover damages for the depreciation in the value of her property, and for the annoyance and discomfort to herself occasioned by the carrying on of the railroad’s business and the invasion of her home by the noise, dust, odors, etc., resulting therefrom. The jury found against her as to the claim for damage to her property, but in…
2Cases cited3 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Daniel v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1903
- Missouri, Kansas & Texas Railway Co. v. MottTexas Supreme Court · 1904
3Cited by26 opinions
- Vestal v. Gulf Oil Corp.Texas Supreme Court · 1951
- City of Temple v. MitchellCourt of Appeals of Texas · 1944
- Soap Corp. of America v. BalisCourt of Appeals of Texas · 1949
- Matthias v. Minneapolis, St. Pahl & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1914
- Trinity Portland Cement Co. v. HortonCourt of Appeals of Texas · 1919
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