Clarendon Land Investment & Agency Co. v. McClelland Bros.
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Donley County. Suit by McClelland Bros, against the Clarendon Land etc. Co. to recover as damages the value of cattle which died and depreciation in value of others which sickened from “Texas fever” communicated to them by * the cattle of defendant, which had broken into plaintiff’s pasture.
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Error to Court of Civil Appeals for Second District, in an appeal from Donley County. Suit by McClelland Bros, against the Clarendon Land etc. Co. to recover as damages the value of cattle which died and depreciation in value of others which sickened from “Texas fever” communicated to them by * the cattle of defendant, which had broken into plaintiff’s pasture. Plaintiffs had verdict and judgment which was affirmed in the Court of Civil Appeals on an appeal by defendant company which now prosecutes writ of error. The case on former writ of error in an appeal from a previous recovery is…
1Opinion of the Court
McClelland Brothers, the defendants in error, owned a pasture in Donley County, consisting of about 2000 acres of land, which was enclosed by a wire fence on cedar posts. The fence, however, was not a lawful fence under the law of this State as applicable to cultivated lands. In the pasture they had cattle of the short-horn, Jersey, and Holstein breeds, consisting of full bloods and grades of those breeds.
The plaintiff in error — a corporation organized under the laws of Great Britain — owned lands in the same county, which entirely surrounded that of McClelland Brothers, and which lands the…
2Cases cited6 opinions
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Vrooman v. LawyerNew York Supreme Court · 1816
- Walker v. HerronTexas Supreme Court · 1858
- Patee v. AdamsSupreme Court of Kansas · 1887
- Fisher v. ClarkNew York Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Turner v. Big Lake Oil Co.Texas Supreme Court · 1936
- Gulf, Colorado & Santa Fe Railway Co. v. OakesTexas Supreme Court · 1900
- Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
- Dakan v. HumphreysCourt of Appeals of Texas · 1945
- Klostermann v. Houston Geophysical CompanyCourt of Appeals of Texas · 1958
19 more not listed; retrieve them via the Exa API.