International & Great Northern Railroad v. Cuneo
Court of Appeals of Texas
Appeal from the District Court of Travis County. Tried below before the Hon. George Calhoun. The 19th assignment of error was based on the refusal to grant a new trial because three of the jurors, while the trial was in progress, went upon and personally viewed the locality where the existence of a way was in issue and the conditions existing there.
1Opinion of the Court
FISHER, Chief Justice.
—The appellee instituted this suit for the purpose of restraining the appellant from closing up an alleged way on the north side of lot No. 12, in block 29 of the city of Austin, running from an alley that divides the block north and south, to a point on Colorado Street, which lies immediately west of the block, and to have a decree declaring said strip of land a public way, and to perpetually enjoin and restrain the appellant from interfering with its use by the plaintiff and the public.
Plaintiff, as a basis for the relief asked, asserts two grounds: First, a dedication…
2Cases cited4 opinions
- Worthington v. WadeTexas Supreme Court · 1891
- Ramthun v. HalfmanTexas Supreme Court · 1883
- Gulf, Colorado & Santa Fe Railway Co. v. MontgomeryTexas Supreme Court · 1892
- Flack v. Village of Green IslandNew York Court of Appeals · 1890
3Cited by29 opinions
- Gutierrez v. County of Zapata, Texas Court of Appeals, 4th District (San Antonio)1997
- Greenway Parks Home Owners Ass'n v. City of DallasTexas Supreme Court · 1958
- City of Houston v. ScanlanTexas Supreme Court · 1931
- Missouri, K & T. Ry. Co. of Texas v. WashburnCourt of Appeals of Texas · 1916
- Lee v. Uvalde CountyCourt of Appeals of Texas · 1981
24 more not listed; retrieve them via the Exa API.