Austin & Northwestern Railway Co. v. Anderson
Texas Supreme Court
Appeal from Travis. Tried below before Hon. W. M. Key. This is a suit brought by the appellee, John Anderson, in the District Court of Travis County, Texas, against the appellant, the Austin & Northwestern Railroad Company, for damage to his farm and crops by improper construction of appellant’s road bed near to his land, thereby obstructing the flow of surface water falling east of its road and forcing same through a sluice on to the lands of the appellee.
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Appeal from Travis. Tried below before Hon. W. M. Key. This is a suit brought by the appellee, John Anderson, in the District Court of Travis County, Texas, against the appellant, the Austin & Northwestern Railroad Company, for damage to his farm and crops by improper construction of appellant’s road bed near to his land, thereby obstructing the flow of surface water falling east of its road and forcing same through a sluice on to the lands of the appellee. Appellant answered by general demurrer and special exception, setting up the statute of limitation of two years, general denial, special…
1Opinion of the Court
COLLARD, Judge.
This action was brought against the appellant September 22,1888, for damages for so constructing its road bed and culverts in 1881 as to change the natural flow of surface water from ordinary rains, cause it to be collected’ in large quantities, and to be carried in large volumes down to and through certain culverts upon plaintiff’s land, submerging it, washing away the soil, remaining on it for long periods of time, and rendering it wholly unfit and worthless for agricultural or other purposes. It is alleged that the injury was done in 1886,1887,.and 1888; that in *432October,…
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