Highland v. City of Galveston
Texas Supreme Court
Error from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by John Highland against the city of Galveston for damages on account of the erection of a brick wall four feet high along the outer edge of the sidewalk of his premises, situated on the southwest corner of Strand and Bath avenue in that city, whereby the approaches thereto were in great measure obstructed, and his business, theretofore prosperous, injured.
Read the full summary
Error from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by John Highland against the city of Galveston for damages on account of the erection of a brick wall four feet high along the outer edge of the sidewalk of his premises, situated on the southwest corner of Strand and Bath avenue in that city, whereby the approaches thereto were in great measure obstructed, and his business, theretofore prosperous, injured. He alleged that he leased the place prior thereto for five years, because of its central and advantageous position for his business, and had improved the location and…
1Opinion of the Court
Gould, Associate Justice.
But two questions need be considered:
First. Had the plaintiff occupying the premises as tenant or lessee of the owner any other or greater right to recover damages than the lot owner would have had, had he himself been the occupant? In our opinion this question must be answered in the negative. The lessee holds under the owner, and takes only such right as the owner can convey. The owner holds his lot subject to the burden of improving the sidewalk in front thereof at the requirement of the city council, or at all events, subject to be charged with the cost of such…
2Cases cited1 opinion
- City of Norwich v. HubbardSupreme Court of Connecticut · 1852
3Cited by10 opinions
- Nalle v. EavesTexas Commission of Appeals · 1928
- Adams v. FisherTexas Supreme Court · 1885
- Cain v. City of TylerTexas Commission of Appeals · 1924
- Kohfeldt v. City of DenisonCourt of Appeals of Texas · 1933
- L. E. Whitham & Co. v. GambrellCourt of Appeals of Texas · 1932
5 more not listed; retrieve them via the Exa API.