Marshall & E. T. Ry. Co. v. Petty
Court of Appeals of Texas
Appeal from District Court, Harrison County; W. O. Buford, Judge. Action by J. M. Petty against the Marshall & East Texas Railway Company. From a judgment for plaintiff, defendant appeals. Near Harleton a public county road goes under a trestle in appellant’s railway track. The trestle was constructed in the first instance by appellant over the dirt road. A ravine also runs under the bridge. The dirt road proceeds to the southwest from the bridge up a long slope of a hill.
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Appeal from District Court, Harrison County; W. O. Buford, Judge. Action by J. M. Petty against the Marshall & East Texas Railway Company. From a judgment for plaintiff, defendant appeals. Near Harleton a public county road goes under a trestle in appellant’s railway track. The trestle was constructed in the first instance by appellant over the dirt road. A ravine also runs under the bridge. The dirt road proceeds to the southwest from the bridge up a long slope of a hill. Sand and dirt had so washed in under the trestle that there remained a clearance of only about six feet from the ground…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The following special charge was given at the request of appellee: “You are instructed that a railroad has the right to construct its road across any highway; but it is the duty of such company to restore such highway to its former state, or to such state as not to necessarily impair its usefulness, and to keep such crossing in repair. And in this connection you are instructed that the plaintiff, as a traveler along the public road, had a right to assume that the defendant company had performed its duty of maintaining said crossing and keeping same in…
2Cases cited5 opinions
- Stooksbury v. SwanTexas Supreme Court · 1893
- Burnett and Wife v. Ft. Worth L. P. Co.Texas Supreme Court · 1908
- Moberly v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1889
- Heldt v. WebsterTexas Supreme Court · 1883
- Beaumont Pasture Co. v. Preston & SmithTexas Supreme Court · 1886
3Cited by5 opinions
- Marshall & East Texas Railway Co. v. PettyTexas Supreme Court · 1915
- Marshall & E. T. Ry. Co. v. PettyCourt of Appeals of Texas · 1912
- Bock Construction Co. v. Dallas Power & Light Co.Court of Appeals of Texas · 1967
- Bock Construction Co. v. Dallas Power & Light Co.Court of Appeals of Texas · 1967
- Marshall & East Texas Railway Co. v. PettyTexas Supreme Court · 1915