San Antonio Rapid Transit Street Railway Co. v. Limburger
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in a case from Bexar County. The petition claimed damages to city lots of the plaintiff abutting upon a public street, along which the defendant had constructed and was operating an electric street railway. The District Court sustained the demurrer and' dismissed the suit. This was reversed by the Court of Civil Appeals.
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Error to Court of Civil Appeals for Fourth District, in a case from Bexar County. The petition claimed damages to city lots of the plaintiff abutting upon a public street, along which the defendant had constructed and was operating an electric street railway. The District Court sustained the demurrer and' dismissed the suit. This was reversed by the Court of Civil Appeals. In application for writ of error, it is alleged, “that the Court of Civil Appeals, by its conclusions of law and opinion, * * * attempted to place a construction, upon and make an application of article 1, section 17, of…
1Opinion of the Court
GAINES, Chief Justice.
—The defendant in error brought this suit to recover of plaintiff in error damages for the depreciation in value of certain business lots in the city of San Antonio, alleged to have been caused by the construction and operation of the company’s railway along the street upon which the lots fronted. The cause of action is stated in the petition as follows:
“4. That heretofore, to wit, on or about the months of October, November, and December, 1891, said defendant corporation, in violation of plaintiff’s rights and against his wishes, did unlawfully build, construct, and put…
2Cases cited3 opinions
- Baugh v. Texas & New Orleans Railway Co.Texas Supreme Court · 1891
- Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
- T. & P. R'y Co. v. Rosedale Street R'y Co.Texas Supreme Court · 1885
3Cited by25 opinions
- Rische v. Texas Transportation Co.Court of Appeals of Texas · 1901
- Howe v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Tribble v. Dallas Ry. & Terminal Co.Court of Appeals of Texas · 1929
- City Com'rs of Port Arthur v. FantCourt of Appeals of Texas · 1916
- Wales Trucking Company v. StallcupTexas Supreme Court · 1971
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