Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Malone

Court of Appeals of Texas

Decided February 16, 1910PublishedCited by 11 opinions

Error from the District Court of Hays County. Tried below before Hon. L. W. Moore.

1Opinion of the Court

RICE, Associate Justice.

Defendant in error was the owner of a valuable irrigated farm containing 246 acres, lying in the San Marcos Valley, adjacent to the city of San Marcos, through which the railway of plaintiff in error ran, and he claims that the railway was so negligently constructed that it failed to permit the escape of surface water, by reason of which the same was impounded and held by the railway embankment, occasioning both damage to his crops and permanent injury to his land from back water standing thereon; and that plaintiff in error negligently permitted Johnson grass to…

2Cases cited18 opinions

  1. Fort Worth & New Orleans Railway Co. v. WallaceTexas Supreme Court · 1889
  2. Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
  3. Missouri, Kansas & Texas Railway Co. v. LycanSupreme Court of Kansas · 1897
  4. Owens v. Missouri Pacific Railway Co.Texas Supreme Court · 1887
  5. Miller v. County of KernCalifornia Supreme Court · 1902

13 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Cosden Oil Co. v. SidesCourt of Appeals of Texas · 1931
  2. Abilene & S. Ry. Co. v. HermanCourt of Appeals of Texas · 1932
  3. Morton Salt Co. v. LybrandCourt of Appeals of Texas · 1927
  4. Marron v. Great Northern Railway Co.Montana Supreme Court · 1913
  5. Wichita County Water Improvement Dist. No. 1 v. PearceCourt of Appeals of Texas · 1933

6 more not listed; retrieve them via the Exa API.

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