Houston, East & W. Tex. R'y Co. v. Adams
Texas Supreme Court
Appeal from Polk. Tried below before the Hon. Edwin Hobby. This cause was formerly before the supreme court on appeal (58 Tex., 470). After the decision of supreme court on former appeal, plaintiffs (appellees), on the 1st day of December, 1883, filed their first amended supplemental petition, excepted specially to defendant’s original answer, filed January 4,1883, and “ by way of supplemental petition and replication,” in substance alleged that the conveyance of fifty yards…
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Appeal from Polk. Tried below before the Hon. Edwin Hobby. This cause was formerly before the supreme court on appeal (58 Tex., 470). After the decision of supreme court on former appeal, plaintiffs (appellees), on the 1st day of December, 1883, filed their first amended supplemental petition, excepted specially to defendant’s original answer, filed January 4,1883, and “ by way of supplemental petition and replication,” in substance alleged that the conveyance of fifty yards right of way to defendant, by plaintiffs, as set up by defendant’s answer, if ever made (which was denied), was made…
1Opinion of the Court
Stayton, Associate Justice.
The petition must be taken as an entirety in determining whether the demurrers were, properly overruled. . . •
*205The petition denies that the right of way through the land of appellees was ever acquired by the appellant, and this became an issue in the case; and we may now say, without further considering it, that in view of this issue the court did not err in admitting such evidence of damage to the entire tract of land as would have been admissible had the proceeding been one to condemn the land through a procedure provided by the statute.
The charge of the court…
2Cases cited1 opinion
- Texas & St. Louis R. R. Co. v. YoungTexas Supreme Court · 1883
3Cited by24 opinions
- Blum Milling Co. v. Moore-Seaver Grain Co.Texas Commission of Appeals · 1925
- Wilson v. Avery Co. of TexasCourt of Appeals of Texas · 1916
- Gregory v. Gulf & Interstate Railway Co.Court of Appeals of Texas · 1899
- Galveston, Harrisburg & San Antonio Railway Co. v. ChittimCourt of Appeals of Texas · 1902
- Hunt v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
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