Frazier v. Rollins
Court of Appeals of Texas
Error from District Court, Hunt County; A. P. Dohoney, Judge. Action by J. M. Erazier and others against C. W. Rollins. Judgment for defendant, and plaintiffs bring error. The plaintiffs in error own a tract of 135 acres of land, through which the Cotton Belt Railroad extends. Thirty-five acres of .the land lies north, and 100 acres south, of the railroad. On the south of the entire farm a public county road extends from east to west.
Read the full summary
Error from District Court, Hunt County; A. P. Dohoney, Judge. Action by J. M. Erazier and others against C. W. Rollins. Judgment for defendant, and plaintiffs bring error. The plaintiffs in error own a tract of 135 acres of land, through which the Cotton Belt Railroad extends. Thirty-five acres of .the land lies north, and 100 acres south, of the railroad. On the south of the entire farm a public county road extends from east to west. A tract of about 67 acres of land belonging to the J. M. Rollins estate lies south of this public road and just opposite to the above 135-acre tract. And the…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The court’s charge authorized a verdict in favor of the plaintiffs upon a finding by the jury that the levee constructed by the defendant along the north boundary of his land (1) “constituted such an obstruction to the natural flow of the water coming down the plaintiffs’ premises as to prevent Its flowing off in a natural way and to cause the water to back up and accumulate on the plaintiffs’ premises, overflow their ditch and levees, and create unnatural currents across their land,” and (2) “that such levee or embankment so constructed by the defendant…
2Cases cited8 opinions
- Randolf v. Town of BloomfieldSupreme Court of Iowa · 1889
- St. Louis Southwestern Railway Co. v. AreyTexas Supreme Court · 1915
- Ft. Worth & D. C. Ry. Co. v. SpeerCourt of Appeals of Texas · 1919
- Coleman v. BennettTennessee Supreme Court · 1902
- Beopple v. RailroadTennessee Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Moody v. VandergriffCourt of Appeals of Texas · 1927