Brown v. Warner
Texas Supreme Court
Error from Smith. Tried below before Hon. Felix J. McCord. This suit was brought by Charles Warner against John C. Brown and Lionel A. Sheldon, receivers of the Texas & Pacific Railway, as defendants, to recover damages for the alleged wrongful removal by them, while such receivers, of a side track or switch on the line of the Texas & Pacific Railway known as Warner’s Switch, near which was located the plaintiff’s saw hiill.
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Error from Smith. Tried below before Hon. Felix J. McCord. This suit was brought by Charles Warner against John C. Brown and Lionel A. Sheldon, receivers of the Texas & Pacific Railway, as defendants, to recover damages for the alleged wrongful removal by them, while such receivers, of a side track or switch on the line of the Texas & Pacific Railway known as Warner’s Switch, near which was located the plaintiff’s saw hiill. The switch was alleged to be necessary for the shipment of the product of the said mill, the same having been located under an agreement between the plaintiff and the…
1Opinion of the Court
GAINES, Associate Justice.
—The appellee brought this suit against the appellants as receivers of the Texas & Pacific Railway Company, alleging in his petition that in 1874 he made a contract with that company to the effect that in consideration of his agreement to grade and furnish ties for a switch on the company’s railroad at a point known as Warner’s Station, it would furnish the iron and complete and permanently maintain such switch at that point for his benefit for shipping purposes; that the switch was constructed in accordance with the contract and maintained until the year 1887; but…
2Cases cited3 opinions
- Commonwealth v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1874
- Howe v. HardingTexas Supreme Court · 1890
- Hunt v. ReillyTexas Supreme Court · 1878
3Cited by13 opinions
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
- Schintz v. MorrisCourt of Appeals of Texas · 1896
- Sullivan Timber Co. v. BlackSupreme Court of Alabama · 1909
- Union Trust Co. v. CurtisIndiana Supreme Court · 1914
- Lloyds of Texas v. BobbittTexas Commission of Appeals · 1932
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