Ft. Worth & R. G. Ry. Co. v. Chisholm
Court of Appeals of Texas
Appeal from District Court, Comanche County; J. H. Arnold, Judge. Action by A. Chisholm against the Ft, Worth & Rio Grande Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtSpeer, J.
Appellee, as plaintiff below, recovered a judgment against the appellant, Ft. Worth & Rio Grande Railway Company, for the value of a jack killed by one of appellant’s trains.
[1] In submitting the measure of the plaintiff’s damage, the court directed the jury to “award him such a sum of money as if paid in cash at this time would compensate plaintiff for his loss, taking into consideration the reasonable cash market value of the jack in question in the neighborhood it was killed, if killed, at the time it was killed.” This, under repeated decisions, is not the measure of appellee’s recovery.…
2Cases cited2 opinions
- Fort Worth & Denver City Railway Co. v. GreathouseTexas Supreme Court · 1891
- Boyer & Lucas v. St. Louis, San Francisco & Texas Railway Co.Texas Supreme Court · 1903
3Cited by6 opinions
- Taylor County v. OldsCourt of Appeals of Texas · 1934
- Farmers' Mill & Elevator Co. v. HodgesCourt of Appeals of Texas · 1923
- Warren v. Premier Oil Ref. Co. of TexasCourt of Appeals of Texas · 1943
- International & G. N. Ry. Co. v. PerkinsCourt of Appeals of Texas · 1916
- City of Corpus Christi v. McLaughlinCourt of Appeals of Texas · 1940
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