International & Great North. R. R. v. Dawson
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Felix J. McCord. The substance of this cause of action, as gathered from the pleading, is that plaintiff Sallie Dawson, joined by her husband, conveyed to defendant, the I. & G. N. R. R. Co., twelve acres of ground; that, at the time of making this conveyance, a parol agreement was made between them, which was the consideration for the deed, that defendant should permanently locate its depots in the southern part of the city of…
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Appeal from Smith. Tried below before the Hon. Felix J. McCord. The substance of this cause of action, as gathered from the pleading, is that plaintiff Sallie Dawson, joined by her husband, conveyed to defendant, the I. & G. N. R. R. Co., twelve acres of ground; that, at the time of making this conveyance, a parol agreement was made between them, which was the consideration for the deed, that defendant should permanently locate its depots in the southern part of the city of Tyler; that they were accordingly so located, but afterwards removed, wherefore plaintiffs sue for the value of the…
1Opinion of the Court
West, Associate Justice.
There was no error committed by the court, in its rulings on the testimony, referred to in the appellant’s bills of exceptions. The evidence was clearly admissible.
As to the main question in the case, the present weight of authority is to the effect that a railroad corporation can, by contract, bind itself to perpetually maintain a permanent depot at a particular place.
This point was considered, and so decided by this court, in the recent case of Tex. & St. L. R. R. Co. v. Robards et al., 60 Tex., 545, 546.
Some of the cases bearing on the point are there collected.
*262[Opin…
2Cases cited5 opinions
- East Line & Red River Railroad v. GarrettTexas Supreme Court · 1879
- Galveston, H. & S. A. R. R. Co. v. Pfeuffer & IrelandTexas Supreme Court · 1881
- Wooters v. International & G. N. R. R. Co.Texas Supreme Court · 1881
- Houston & T. C. R. R. Co. v. McKinneyTexas Supreme Court · 1881
- Texas & St. Louis R. R. Co. v. RobardsTexas Supreme Court · 1883
3Cited by10 opinions
- Watson v. RiceCourt of Appeals of Texas · 1914
- Herzog v. Atchison, Topeka & Santa Fe R.R.California Supreme Court · 1908
- Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
- Waters v. Byers Bros. & Co.Court of Appeals of Texas · 1921
- Mosel v. San Antonio & A. P. Ry. Co.Court of Appeals of Texas · 1915
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