Gulf, Colorado & Santa Fe Railway Co. v. Matthews
Court of Appeals of Texas
This is a suit instituted in the Justice Court for $194.50 for burning 32-| acres of grass, of the value of $150, 75 posts of the value of $4.50, and injury to the turf by burning of said 32-J- acres, $40. Defendant filed answer in the Justice Court, where the case was tried, and judgment was rendered for the appellee for $194.50. Appeal was perfected to the County Court, where the case was tried before a jury, and verdict was rendered for appellee for the sum of $194.50.…
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This is a suit instituted in the Justice Court for $194.50 for burning 32-| acres of grass, of the value of $150, 75 posts of the value of $4.50, and injury to the turf by burning of said 32-J- acres, $40. Defendant filed answer in the Justice Court, where the case was tried, and judgment was rendered for the appellee for $194.50. Appeal was perfected to the County Court, where the case was tried before a jury, and verdict was rendered for appellee for the sum of $194.50. Before the entry of judgment in the County Court, plaintiff in open court remitted the sum of $37 from the amount of the…
1Opinion of the Court
WILLIAMS, Associate Justice.
The court erred in the portion of the charge defining the measure of damages. The correct measure was not the difference in the value of the land caused by the burning of the grass, because that was temporary. Railway v. Horne, 69 Texas, 644.
The measure of damages is the value of the posts and of the grass-destroyed and the injury caused to the value of the land by the destruction of the turf.
Evidence of the value of the grass as hay as well as for pasturage purposes should be admitted for the consideration of the jury, and from a-showing of all the purposes for…
2Cited by7 opinions
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- White River Sheep Co. v. BarkleyArizona Supreme Court · 1930
- Galveston, H. & S. A. Ry. Co. v. HarrisCourt of Appeals of Texas · 1919
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