Sabine & East Texas Railway Co. v. Brousard
Texas Supreme Court
Appeal from Hardin. Tried below before the Hon. Edwin Hobby. Appellee sued appellant for damages from an overflow of water, caused in the month of January, 1885, and continued into May following, as alleged, by the negligent construction in 1881 and 1883, by appellant, of an embankment for its road bed, without such culverts, or sluices, as the natural lay of the land required, whereby his pasture lands were overflowed for four months, or more, and his cattle and horses…
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Appeal from Hardin. Tried below before the Hon. Edwin Hobby. Appellee sued appellant for damages from an overflow of water, caused in the month of January, 1885, and continued into May following, as alleged, by the negligent construction in 1881 and 1883, by appellant, of an embankment for its road bed, without such culverts, or sluices, as the natural lay of the land required, whereby his pasture lands were overflowed for four months, or more, and his cattle and horses injured and destroyed to his damage, as follows: Ten head of saddle horses valued at.................§ 350 00 Thirty head of…
1Opinion of the Court
Stayton, Associate Justice.
At a proper time objections were taken to the depositions offered by the appellee. The objection to each deposition was that the certificate of the officer before whom it was taken did not show that the answers of the witness were signed and sworn to by him. As shown by the bill of exceptions, the captions and certificates to the depositions were as follows: Style of cause and answers of Bradley Johnson to direct interrogatories in the above suit, with no certificate of officer to them. The caption to his answers to cross interrogatories was: “Answers to cross…
2Cases cited3 opinions
- Trammell v. McDadeTexas Supreme Court · 1867
- Patton v. KingTexas Supreme Court · 1863
- Thompson v. HaileTexas Supreme Court · 1854
3Cited by16 opinions
- San Saba Energy, L.P. v. Crawford, Texas Court of Appeals, 14th District (Houston)2005
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Wallace v. Byers Bros.Court of Appeals of Texas · 1896
- Fort Worth & Denver City Railway Co. v. KielTexas Supreme Court · 1945
- Hill v. Chappel Bros. of Montana, Inc.Montana Supreme Court · 1932
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