I. & G. N. R'y Co. v. Klaus
Texas Supreme Court
Appeal from Comal. Tried below before the Hon. Thomas M. Paschal. The appellee sued to recover for damages caused to his land by the defective construction of appellant’s bridge, whereby it was alleged an overflow of the stream resulted, which inundated and destroyed his growing crops.
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Appeal from Comal. Tried below before the Hon. Thomas M. Paschal. The appellee sued to recover for damages caused to his land by the defective construction of appellant’s bridge, whereby it was alleged an overflow of the stream resulted, which inundated and destroyed his growing crops. Verdict and judgment for $350. Eon-professional witnesses were permitted to testify as to their opinion of the want of proper skill in the construction of the bridge, and this was assigned as error.
1Opinion of the Court
Delany, J. Com. App.
Although there are sixteen assignments of error, there are only two or three questions to be determined.
The plaintiff’s land was overflowed and his crops and fences swept away. He charges this to the defendant’s bridge, which, he alleges, was defectively constructed: that it was so built as not to allow the floating trees, drift, etc., to pass under it; that the channel of the stream was thus obstructed, causing the water to rise above its natural level and overflow the land.
The plaintiff introduced a number of witnesses who had lived many years near the stream, who were…
2Cases cited3 opinions
- Carroll v. WelchTexas Supreme Court · 1861
- Porter v. Pequonnoc Manufacturing Co.Supreme Court of Connecticut · 1845
- Gonzales College v. McHughTexas Supreme Court · 1858
3Cited by16 opinions
- McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
- American Const. Co. v. CaswellCourt of Appeals of Texas · 1911
- Gulf, Colorado & Santa Fe Railway Co. v. RichardsTexas Supreme Court · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. HepnerTexas Supreme Court · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. DunmanTexas Supreme Court · 1892
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