G., C. & S. F. R'y Co. v. Fuller
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit brought October 15, 1883, by Almond Fuller against the Gulf, Colorado & Santa Fe Railway Company, to recover the sum of $3,000 for damages, alleged by plaintiff to have been occasioned to land and improvements thereon owned by him, on St. Emanuel street, in the city of Houston, Texas, by the building and operating by defendant of a railroad on that street.
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit brought October 15, 1883, by Almond Fuller against the Gulf, Colorado & Santa Fe Railway Company, to recover the sum of $3,000 for damages, alleged by plaintiff to have been occasioned to land and improvements thereon owned by him, on St. Emanuel street, in the city of Houston, Texas, by the building and operating by defendant of a railroad on that street. The lots were occupied by plaintiff as a homestead. The defendant demurred generally and specially to plaintiff’s petition, and answered by a general denial and special…
1Opinion of the Court
Staytok, Associate Justice.
It is claimed by the appellant that as it had permission, under its charter and the ordinances of the city of Houston, to build and operate its road on the street, and has done so carefully and skilfully, it is not liable to the appellee for any injury that has been done to his property on the street, in the construction and operation of its road.
The legislative permission thus obtained doubtless relieves the appellant from liability to the public, if it has carefully and skilfully constructed and operated its road, but it does not follow from this that it may not…
2Cases cited13 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
- G., C. & Santa Fe R. R. Co. v. EddinsTexas Supreme Court · 1884
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
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3Cited by100 opinions
- State v. CarpenterTexas Supreme Court · 1936
- Steele v. City of HoustonTexas Supreme Court · 1980
- DuPuy v. City of WacoTexas Supreme Court · 1965
- State v. SchmidtTexas Supreme Court · 1994
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
95 more not listed; retrieve them via the Exa API.