Hotard v. Texas & Pacific Railway Co.

The opinion of the Court was delivered by

Manning, J.

The object of this suit is to recover damages for injury to the gardens of plaintiffs caused by a crevasse iu April, 1883. Tbe crevasse is alleged to be owing to tbe excavation and removal of a levee which had protected them, and which extended from a j>oint near the boundary line between Algiers and McDonoughville four or five hundred yards up the river. The petition charges that this levee was ent away and the earth removed by the defendant company for its own benefit, and that the earth thus removed was used to make grades for its track,…