Broussard v. Sabine & East Texas Railway Co.

COLLARD, Judge.

This is a suit for damages against defendant in error for so negligently constructing its roadbed as to overflow plaintiff’ s pasture lands by damming up the water in a bayou in time of floods.

There are several items of damage in the petition, to each and all of which the court below sustained special exceptions, because remote and not the correct measure of damages. The assignments of error call upon us to examine the items and decide whether the court’s rulings were correct or not. Plaintiff was using the land for pasturage. In his first count for damages he says the water…