H. H. Rowland & Bro. v. Murphy
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Felix J. McCord. A. M. Murphy brought this suit against H. H. Bowland & Bro. for damages alleged to have resulted to him from the fall of a brick building owned and occupied by Murphy at the time as a jewelry store, situated in Tyler, Smith county, Texas. It was alleged that the fall of the building was caused by the neglect and careless acts of Bowland & Bro. in making an excavation on the adjoining lot.
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Appeal from Smith. Tried below before the Hon. Felix J. McCord. A. M. Murphy brought this suit against H. H. Bowland & Bro. for damages alleged to have resulted to him from the fall of a brick building owned and occupied by Murphy at the time as a jewelry store, situated in Tyler, Smith county, Texas. It was alleged that the fall of the building was caused by the neglect and careless acts of Bowland & Bro. in making an excavation on the adjoining lot. That by neglect and carelessness in making the excavation, the building was thrown down and destroyed, together with its contents, consisting…
1Opinion of the Court
Stayton, Associate Justice.
The original petition was sufficient to have authorized a recovery for every injury done by the destruction or injury of property within the house alleged to have been thrown down by the negligence of the appellants. The amended petition filed more than two years after the injury was alleged to have occurred, but described the property alleged to have been injured more specifically than did the original petition, but in no way set up a new cause of action, and the court, therefore, properly sustained the special exceptions to the defendant’s plea of limitation.
The…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- May v. SladeTexas Supreme Court · 1859
- Int. & G. N. R'y Co. v. TimmermannTexas Supreme Court · 1884
- Houston & Texas Central Railroad v. KnappTexas Supreme Court · 1879
3Cited by28 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. CusenberryTexas Supreme Court · 1894
- Le Sage v. SmithCourt of Appeals of Texas · 1940
- Lee v. TurnerTexas Supreme Court · 1888
- Hagenauer v. Detroit Copper Mining Co.Arizona Supreme Court · 1912
- Hicks v. Southwestern Settlement & Development Corp.Court of Appeals of Texas · 1945
23 more not listed; retrieve them via the Exa API.