Gulf, Colorado & Santa Fe Railway Co. v. McGowan
Texas Supreme Court
Appeal from Wharton. Tried below before Hon. W. H. Burkhart. A clear statement from the brief of appellant is here given: Suit was instituted in the District Court of Galveston County and by consent the venue was changed to Fort Bend County.
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Appeal from Wharton. Tried below before Hon. W. H. Burkhart. A clear statement from the brief of appellant is here given: Suit was instituted in the District Court of Galveston County and by consent the venue was changed to Fort Bend County. Appellee, the plaintiff below, filed his original petition on March 30, 1886, in which he alleges in substance that plaintiff about May 26, 1884, owned and rented certain lands, among others, to-wit, 112 acres in said county of Fort Bend, being part of what is known as the Yandel Feris place, part and parcel of the old Thompson place, near what is now…
1Opinion of the Court
Henry, Associate Justice.—
Appellee filed his original petition on March 30, 1886, to recover from appellant damages for destruction of crops in the years 1884 and 1885 alleged to be caused by an overflow of the Brazos River produced by the negligent construction of defendant's railroad.
The original petition charged that the crops destroyed belonged to and were cultivated by plaintiff and his tenant George Moore, and that he had purchased and received a transfer from said Moore of his interest in the crops and his claim for damages.
In the original petition the crops destroyed in 1884 are…
2Cases cited1 opinion
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
3Cited by45 opinions
- City of Amarillo v. WareTexas Supreme Court · 1931
- Saint Louis, Arkansas & Texas Railway Co. v. JohnstonTexas Supreme Court · 1890
- Missouri Pacific Railway Co. v. HennesseyTexas Supreme Court · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. ComptonCourt of Appeals of Texas · 1890
- Texas Trunk Railway Co. v. AyresTexas Supreme Court · 1892
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