Texas & Pacific Railway Co. v. Bayliss
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. B. F. Estes. Bayliss sued the Texas & Pacific Railway Company for the value of three hundred and thirty bushels of corn alleged to have been destroyed by the negligence of appellant in failing to keep a sufficient cattle-guard where its road entered his field.
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Appeal from Marion. Tried below before the Hon. B. F. Estes. Bayliss sued the Texas & Pacific Railway Company for the value of three hundred and thirty bushels of corn alleged to have been destroyed by the negligence of appellant in failing to keep a sufficient cattle-guard where its road entered his field. The petition of Bayliss alleged that he had rented from one Farrell twenty-two acres of land; that appellant’s road was operated over the land, which was inclosed by a lawful fence; that he had corn planted therein; that in the months of May, June, July and August the corn was up and in…
1Opinion of the Court
Willie, Chief Justice.
Only two of the points involved in the numerous assignments of error tiled in this cause demand our attention, viz.;
1. Does the petition claim the proper and legal measure of damages to which the plaintiff is entitled under its allegations? 2. Was the suit properly brought by the appellant alone, or should his landlord, Farrell, have been joined as co-plaintiff?
It is now firmly settled by the decisions of this court that the proper measure of damages in a case like the present, when the crop has been entirely destroyed, is the value of the crop at tho time of its…
2Cases cited2 opinions
- Sabine & E. T. R'y Co. v. JoachimiTexas Supreme Court · 1883
- C. Yale, Jr., & Co. v. Ward'sTexas Supreme Court · 1867
3Cited by22 opinions
- Stone v. Lawyers Title Insurance Corp.Court of Appeals of Texas · 1976
- Abilene & S. Ry. Co. v. HermanCourt of Appeals of Texas · 1932
- Ft. Worth & D. C. Ry. Co. v. SpeerCourt of Appeals of Texas · 1919
- In Re Genetically Modified Rice LitigationDistrict Court, E.D. Missouri · 2009
- Kerr v. BlairCourt of Appeals of Texas · 1907
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