Sabine & E. T. R'y Co. v. Joachimi

Willie, Chief Justice.

Appellee sued the Sabine & East Texas Railway Company to recover damages for the loss of a growing crop of vegetables and for temporary injury to land caused by an overflow of water, resulting from the negligent manner in which appellant’s railway was constructed upon land of appellee at and near the place where the damage occurred.

The petition charged that plaintiff below gave the company the right of way across the land free of cost, but with a stipulation that the road should be so constructed that it should not cause an overflow of water on the premises of the…