Sellers v. Texas Central Railway Co.

GAINES, Associate Justice.

Appellant brought this action to recover of the Texas Central Eailway Company and of Dillingham and Clarke, as receivers of its property operating its railway, damages for the destruction of a stock of goods by an overflow of the Bosque Biver. The overflow was alleged to have resulted from the negligent construction of the bed of the railway across the valley of the river.

The defendant filed a special answer to the petition, in which it was averred in substance that at the time the railway was constructed the railway company owned the land along the river at the…