G., C. & S. F. R'y Co. v. Holliday
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. W. E. Collard. Plaintiff, L. Holliday, brought this suit against the defendant, the Gulf, Colorado and Santa Fe railway company, for damages for the destruction of his crops of corn and cotton in the spring of 1884, grown by him in the Brazos bottom, on land situated near the railroad, and near where the road crosses the Brazos river.
Read the full summary
Appeal from Brazos. Tried below before the Hon. W. E. Collard. Plaintiff, L. Holliday, brought this suit against the defendant, the Gulf, Colorado and Santa Fe railway company, for damages for the destruction of his crops of corn and cotton in the spring of 1884, grown by him in the Brazos bottom, on land situated near the railroad, and near where the road crosses the Brazos river. Plaintiff alleged that the railroad was constructed a short distance below his farm, by defendant, in such an unskillful manner that the natural channels for the escape of water flowing out of the Brazos river…
1Opinion of the Court
Willie, Chief Justice.
The appellant complains that the district judge who tried this case, did not cause its two bills of exceptions to be filed during term time and within ten days after the conclusion of the trial. They were presented and approved in due time, and, if they were not duly filed, the appellant must be held responsible; for it is the duty of the party bringing a case to this court to see to its proper preparation for an appeal. The record does not disclose that it was through the fault of the judge or of the appellee that the bills were not filed, and we have no other evidence…
2Cases cited7 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
- Markham v. CarothersTexas Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Watkins v. JunkerTexas Supreme Court · 1897
- Trinity & Sabine Railway Co. v. SchofieldTexas Supreme Court · 1889
- Texas & Sabine Railway Co. v. MeadowsTexas Supreme Court · 1889
- San Antonio & Aransas Pass Railway Co. v. KierseyTexas Supreme Court · 1905
- Abilene & S. Ry. Co. v. HermanCourt of Appeals of Texas · 1932
24 more not listed; retrieve them via the Exa API.