Ft. Worth & R. G. Ry. Co. v. McMurray
Court of Appeals of Texas
Error from District Court, Erath County; W. J. Oxford, Judge. Action by Mrs. Nellie McMurray against the Fort Worth & Rio Grande Railway Company. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the CourtDunklin, J.
In the town of Dublin, the roadbed of the Ft. Worth & Rio Grande Railway was so constructed as to leave a ditch at the outer edge of the right of way and near the railway station, into which ditch water drained from a leaky water tank maintained by the company, and from land contiguous to the right of way. For lack of sufficient outlet, the water accumulating in the ditch formed a pool, estimated by different witnesses to be from 1 foot to 5 or 6 feet in width, from 3 feet to 60 feet in length and a few inches in depth; the size of the pool varying with the rainfall, but never going entirely…
2Cases cited3 opinions
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- A. Cohen & Co. v. RittimannCourt of Appeals of Texas · 1911
- Planters' Oil Co. v. KeeblerCourt of Appeals of Texas · 1914
3Cited by6 opinions
- Harris v. Missouri-Kansas-Texas R.Court of Appeals of Texas · 1926
- Texas Indem. Ins. Co. v. PreslarCourt of Appeals of Texas · 1927
- Chicago, R. I. & G. Ry. Co. v. WisdomCourt of Appeals of Texas · 1919
- Stovall v. MartinCourt of Appeals of Texas · 1918
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