Houston & Texas Central Railway Co. v. O'Donnell
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Burnet County. O’Donnell sued the railway company for personal injury and recovered judgment, which was affirmed on appeal by defendant, who thereupon obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
The petition in this case alleges in substance that O’Donnell lived in Burnet County and owned a tract of land through which the railroad passed, from east to west, dividing-the plaintiff’s tillable land so that a part lay on each side of the railroad track; the barns lots and houses were on the south side, just west of plaintiff’s enclosure, and near to it was a public road which crossed the railroad track near to the point where a cattle gap was placed in defendant’s west fence. The railroad company fenced the right of way through the plaintiff’s farm by placing on…
2Cases cited4 opinions
- Fort Worth & Denver City Railway Co. v. ShetterTexas Supreme Court · 1900
- Sanches v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1895
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1888
- Texas & Pacific Railway Co. v. GlennCourt of Appeals of Texas · 1894
3Cited by40 opinions
- Ford v. Panhandle & Santa Fe Railway Co.Texas Supreme Court · 1952
- International & Great Northern Railroad v. MunnCourt of Appeals of Texas · 1907
- Sisti v. ThompsonTexas Supreme Court · 1950
- Texas & N. O. Ry. Co. v. WagnerCourt of Appeals of Texas · 1923
- Missouri, Kansas & Texas Railway Co. v. SaundersTexas Supreme Court · 1908
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