Legal Opinion

Kansas City, M. & O. Ry. Co. of Texas v. Weaver

Court of Appeals of Texas

Decided November 20, 1919No. 1028PublishedCited by 1 opinion

Error from District Court, Presidio County; Jos. Jones, Judge. Action by J. W. Weaver against the Kansas City, Mexico & Orient Kailway Company of Texas. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtHarper, C. J.

This is an appeal from a judgment for 84,000 in favor of J. W, Weaver against the Kansas City, Mexico & Orient Railway Company of Texas, damages for depreciation in value of certain property caused by cutting and grading down a street in front thereof in the town of Alpine, Tex. This is the third appeal. The first, in 1915, reversed because of insufficiency in the pleadings of plaintiff. Hovey v. Weaver, 175 S. W. 1089. Second, in 1917, for the same reason. 191 S. W. 591, to which we refer for a more detailed statement of the issues involved.

Taking up the assignments in the order which seems…

2Cases cited9 opinions

  1. Trinity & Sabine Railway Co. v. SchofieldTexas Supreme Court · 1889
  2. St. Louis Southwestern Railway Co. v. CassedayTexas Supreme Court · 1899
  3. Houston & Texas Central Railroad Co. v. BuchananCourt of Appeals of Texas · 1905
  4. Kansas City, M. & O. Ry. Co. of Texas v. WeaverCourt of Appeals of Texas · 1917
  5. Kansas City, M. & O. Ry. Co. of Texas v. WorshamCourt of Appeals of Texas · 1912

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3Cited by1 opinion

  1. Gulf Pipe Line Co. v. WatsonCourt of Appeals of Texas · 1928

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