Houston & Texas Central Railroad v. Knapp
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. J. B. Rector. Louisa Knapp sued the Houston and Texas Central Railroad Company, April 23,1873, to recover damages for destruction of crops and injury to land caused by the negligent construction of appellant’s railroad across Mud Creek, in Robertson county, whereby the waters of said creek were thrown back upon appellee’s land.
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Appeal from Robertson. Tried below before the Hon. J. B. Rector. Louisa Knapp sued the Houston and Texas Central Railroad Company, April 23,1873, to recover damages for destruction of crops and injury to land caused by the negligent construction of appellant’s railroad across Mud Creek, in Robertson county, whereby the waters of said creek were thrown back upon appellee’s land. She charged that on the 24th day of April, 1871, plaintiff owned in fee the following described land, * * * containing one hundred and thirty-two and one-fourth acres; that on the 24th day of April, 1871, defendant so…
1Opinion of the Court
Gould, Associate Justice.
There can be no question that the right of action was in plaintiff for injuries to crops belonging to her and grown on land occupied by her as a homestead.
Kor does it admit of question that she had such an interest in that homestead, being part of the community estate of her*600self and her deceased husband, as authorized her to sue for damages to the land caused by overflows occurring after her husband’s death.
If at the time of these overflows she was not the sole owner of the land injured, but owned the same jointly with the heirs of her deceased husband, the…
2Cases cited1 opinion
- May v. SladeTexas Supreme Court · 1859
3Cited by17 opinions
- Taylor v. CatalonTexas Supreme Court · 1942
- Fort Worth & Denver City Railway Co. v. HogsettTexas Supreme Court · 1887
- Waggoner v. SnodyTexas Supreme Court · 1905
- H. H. Rowland & Bro. v. MurphyTexas Supreme Court · 1886
- Hicks v. Southwestern Settlement & Development Corp.Court of Appeals of Texas · 1945
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