Morrow v. St. Louis, Arkansas & Texas Railway Co.
Texas Supreme Court
This suit was instituted by appellant to recover damages to his property on East Street, in the city of Sherman, caused by the construction of a side track or switch along said street by appellee.
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This suit was instituted by appellant to recover damages to his property on East Street, in the city of Sherman, caused by the construction of a side track or switch along said street by appellee. The appellant in his petition alleged that said track was negligently constructed; that it excluded him from the use of the street and deprived him of the means of ingress and egress to and from his lot; that the track was used for storing cars and engines, and that the noise, smoke, danger of fire, etc., depreciated the value of his property; and that all these facts together rendered his lot…
1Opinion of the Court
HENRY, Associate Justice.
This suit was brought by appellant to recover damages caused by the construction of a side track upon a street in the city of Sherman upon which a lot owned by him abutted. Hpon the verdict of a jury judgment was rendered in favor of the plaintiff for $127,331. .
The appellant complains of the following charge which was given by the court: “In estimating the amount of the damage, if you find in favor of plaintiff, you will not take into consideration either the benefits or the injuries to plaintiff’s said property which he may receive or sustain in common with the…
2Cases cited1 opinion
- G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
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- Fuller v. StateTexas Supreme Court · 1970
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