Legal Opinion

San Antonio & Aransas Pass Railway Co. v. Gurley

Court of Appeals of Texas

Decided November 30, 1904PublishedCited by 13 opinions

Appeal from the District Court of McLennan. Tried below before Hon. Marshall Surratt.

1Opinion of the Court

FISHER, Chief Justice.

This is a suit by Gurley against the railway company for the recovery of damages alleged to have occurred as a result of overflows on the land of appellee caused by the improper construction of appellant’s railway and the opening of its borrow pits and ditches, and also for the value of certain improvements in the nature of bridges, etc., erected by Gurley, which was necessary to be erected after appellant had caused the land to be overflowed.

The plaintiff’s petition substantially alleges that prior to the construction of the railway the waters of Bull Hide Creek flowed…

2Cases cited1 opinion

  1. Gulf, Colorado & Santa Fe Railway Co. v. PomeroyTexas Supreme Court · 1887

3Cited by13 opinions

  1. City of Austin v. HowardCourt of Appeals of Texas · 1941
  2. Gulf, Colorado & Santa Fe Ry. Co. v. BoyceCourt of Appeals of Texas · 1905
  3. Panhandle & S. F. Ry. Co. v. WigginsCourt of Appeals of Texas · 1942
  4. Wichita Valley Ry. Co. v. MarshallCourt of Appeals of Texas · 1931
  5. Abel v. Maxwell Hardware Co.Court of Appeals of Texas · 1930

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