Sabine & East Texas Railway Co. v. Hadnot
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. W. H. Ford. Appellee sued March 18, 1885, for damages placed at one thousand two hundred and sixty-five dollars to his garden crops and land, of three quarters of an acre, by reason of two overflows, one from May 25 to July 10, 1884, and the other beginning in January, 1885, and continuing six weeks, alleging that the water had been obstructed of its natural outflow and caused to stand on appellee’s lands and crops longer…
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Appeal from Jefferson. Tried below before the Hon. W. H. Ford. Appellee sued March 18, 1885, for damages placed at one thousand two hundred and sixty-five dollars to his garden crops and land, of three quarters of an acre, by reason of two overflows, one from May 25 to July 10, 1884, and the other beginning in January, 1885, and continuing six weeks, alleging that the water had been obstructed of its natural outflow and caused to stand on appellee’s lands and crops longer than it otherwise would, by reason of appellant’s railroad grade of earth, which had been constructed from three to four…
1Opinion of the Court
Gaines, Associate Justice.
The first assignment of error, to the effect that the court erred in overruling defendant’s general demurrer to plaintiff’s petition, is not well taken. It was not necessary that the petition should allege negligence or want of skill on the part of the defendant company, in the construction of its railway, in these very words.
It is averred that the effect of the construction of defendant’s road was that its grade obstructed the drainage of the surface water over certain sections of land subject to overflow (including plaintiff’s) so as to cause it to stand from one…
2Cases cited1 opinion
- G., C. & S. F. R'y Co. v. HollidayTexas Supreme Court · 1886
3Cited by10 opinions
- International & G. N. Ry. Co. v. JonesCourt of Appeals of Texas · 1915
- C. W. Hahl & Co. v. Southland Immigration Ass'nCourt of Appeals of Texas · 1909
- Gulf, Colorado & Santa Fe Railway Co. v. HaskellCourt of Appeals of Texas · 1893
- City of San Antonio v. PotterCourt of Appeals of Texas · 1903
- Galveston, H. & S. A. Ry. Co. v. WurzbachCourt of Appeals of Texas · 1916
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