G., H. & S. A. R'y Co. v. Seymour
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Everett Lewis. J. E. Seymour sued the appellant for $10,000 damages, alleging that he was the-owner of a valuable plantation near Columbus containing some seven hundred acres of land; that the railroad company, in the'fall of 1882 and the winter and spring following, dug ditches and made embankments, and thereby turned the waters from a large scope of country from their natural courses and channels upon his plantation,…
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Appeal from Colorado. Tried below before the Hon. Everett Lewis. J. E. Seymour sued the appellant for $10,000 damages, alleging that he was the-owner of a valuable plantation near Columbus containing some seven hundred acres of land; that the railroad company, in the'fall of 1882 and the winter and spring following, dug ditches and made embankments, and thereby turned the waters from a large scope of country from their natural courses and channels upon his plantation, overflowing and injuring one hundred acres of bis lands; that the ditches were dug without his consent, and against his…
1Opinion of the Court
Stayton, Associate Justice.
This case in its facts, in so far as they relate to the cause of the injury complained of, and to the character of the injury received, in no material matter differs from the case of the appellant against Tait, decided at the present term.
It is, however, alleged that the injury received is permanent, and such is the statement of a witness for the appellee; but the injury shown consisted in a temporary overflowing of a portion of the appellee’s land, by which he was compelled to replant a part of his crop, and, as it was late in the season, to plant a part of the…
2Cited by7 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. HorneTexas Supreme Court · 1888
- Fort Worth & Denver City Railway Co. v. HogsettTexas Supreme Court · 1887
- Town of Jefferson v. HicksSupreme Court of Oklahoma · 1909
- Sullivan v. DooleyCourt of Appeals of Texas · 1903
- Abilene & S. Ry. Co. v. HermanCourt of Appeals of Texas · 1932
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