H., E. & W. T. R'y Co. v. Hardy
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Master-son. This suit was filed October 15, 1881, by Mary Hardy against the defendant for damages to her homestead property, occasioned by the negligent construction and operation of the track of defendant’s railroad in front of her premises, so as to impede the flow of the water having a natural outlet that way, and cause it to back up upon and injure her premises.
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Error from Harris. Tried below before the Hon. James Master-son. This suit was filed October 15, 1881, by Mary Hardy against the defendant for damages to her homestead property, occasioned by the negligent construction and operation of the track of defendant’s railroad in front of her premises, so as to impede the flow of the water having a natural outlet that way, and cause it to back up upon and injure her premises. The petition stated that the property ■was worth $3,000 before and without the injuries complained of, and was only worth, since their occurrence, $500. Damages laid at $2,500.…
1Opinion of the Court
West, Associate Justice.—
It seems to be true that there was neither pleading nor evidence on which to base that portion of. the charge which, in substance, directed the jury, in determining the amount of damage, to consider the difference in rental value of the property in question before and after the wrongful act of the plaintiff in error.
The record, however, discloses affirmatively that the jury were not in the least influenced by the views of the court as to the matter of difference in the rental value of the land. The verdict is to *232the effect that the damages were caused by the fact that…
2Cases cited7 opinions
- Salinas v. WrightTexas Supreme Court · 1854
- City of San Antonio v. JonesTexas Supreme Court · 1866
- Hollingsworth v. HolshousenTexas Supreme Court · 1856
- Carter v. EamesTexas Supreme Court · 1876
- Liles v. A. Woods & Co.Texas Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- G., C. & S. F. R'y Co. v. GreenleeTexas Supreme Court · 1884
- Atchison, Topeka & Santa Fe Railway Co. v. ClickCourt of Appeals of Texas · 1893
- Saint Louis Southwestern Railway Co. v. H. D. CunninghamCourt of Appeals of Texas · 1907
- Gulf, Colorado & Santa Fe R'y Co. v. GreenleeTexas Supreme Court · 1884