San Antonio & Aransas Pass Railway Co. v. Kiersey
Texas Supreme Court
Error to the court of Civil Appeals for the Third District, in an appeal from Falls County. L. D. and B. F. Kiersey sued the railway company for damages to lands owned by them respectively, and each had judgment. Defendant appealed and on affirmance obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
The following statement of the pleadings of both parties is taken from the opinion of the Court of Civil Appeals.
“The appellees, B. F. and L. D. Mersey, sued the Aransas Pass Rail-, way Company, appellant, by separate suits, which suits were consoli-. dated, and in which appellees claimed damages to their land and crops, located in the valley of Cow Bayou, in Falls County, Texas, on account of overflows resulting from appellant’s alleged defective and negligently constructed trestle across Cow Bayou.
“The appellant answered by general exception and special exceptions,…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. PomeroyTexas Supreme Court · 1887
- Texas Trunk Railway Co. v. AyresTexas Supreme Court · 1892
- G., C. & S. F. R'y Co. v. HollidayTexas Supreme Court · 1886
- Polk v. ChaisonTexas Supreme Court · 1889
3Cited by29 opinions
- Matthew W. Dietz and T. J. Yancey v. Consolidated Oil & Gas, Inc.Court of Appeals for the Fifth Circuit · 1981
- City of Austin v. HowardCourt of Appeals of Texas · 1941
- Gammage v. Gamer Co.Texas Commission of Appeals · 1919
- Texas Employers' Ins. Ass'n v. HornCourt of Appeals of Texas · 1934
- Ft. Worth & D. C. Ry. Co. v. SpeerCourt of Appeals of Texas · 1919
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