Hamilton County v. Garrett
Texas Supreme Court
Appeal from Hamilton. Tried below before the Hon. T. L. Hugent. This wag a suit brought by C. Garrett, the appellee, against Hamilton county for the recovery of $1,000 damages, alleged to have resulted to him through the action of its county commissioners’ court in establishing a public road of the first class over his land, against his protest.
Read the full summary
Appeal from Hamilton. Tried below before the Hon. T. L. Hugent. This wag a suit brought by C. Garrett, the appellee, against Hamilton county for the recovery of $1,000 damages, alleged to have resulted to him through the action of its county commissioners’ court in establishing a public road of the first class over his land, against his protest. The special subject of injury complained of was the alleged damage which the road occasioned to the plaintiff by reason of its being run diagonally through the land so as to destroy its value as an inclosed pasture, for which purpose he had intended…
1Opinion of the Court
Walker, P. J. Com. App.
The appellant’s first ground of error is that the court erred in overruling the defendant’s general demurrer and the special grounds of exception set forth in the demurrer.
The first of these grounds is, “ Because Hamilton county, being an integral part of the state of Texas, and a public corporation, is not liable to an action, unless given by statute.”
The statute of 1846, defining the corporate rights and powers of counties, has remained in force ever since, and, with but little change, has been incorporated in the Revised Statutes. See R. S., art. 676 et seq.
The…
2Cases cited8 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Wilson v. PalmerTexas Supreme Court · 1857
- Keller v. City of Corpus ChristiTexas Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Missouri Pacific Railroad v. Brownsville Navigation DistrictTexas Supreme Court · 1970
- Nussbaum v. Bell CountyTexas Supreme Court · 1903
- County of Cook v. City of ChicagoIllinois Supreme Court · 1924
- Comanche County v. BurksCourt of Appeals of Texas · 1914
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
19 more not listed; retrieve them via the Exa API.