Legal Opinion
Couch v. Texas Pacific Railway Co.
Texas Supreme Court
Decided February 5, 1906No. 1513PublishedCited by 29 opinions
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Callahan County. Couch sued the railway company and the city of Baird for appropriation of water on his land covered by the company’s right of way, for the use of the city. Defendants had judgment. Plaintiff appealed, and on affirmance obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
We adopt the statement of the Court of Civil Appeals as follows:
“This suit was brought by John Couch against the Texas & Pacific Railway Company and the city of Baird, to recover damages in the sum of $15,000 for the alleged conversion of water from a well averred to be on appellant’s premises.
“Upon hearing the evidence, the court peremptorily instructed a verdict for appellees. Couch has appealed from the judgment entered on the verdict.
“These are the facts: The right of way of the railway company runs through the northwest quarter of section 90, B. B. & C. R. R.…
2Cases cited1 opinion
- Wyatt v. Foster & RaffetyTexas Supreme Court · 1891
3Cited by29 opinions
- Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
- Coxl v. CampbellTexas Supreme Court · 1940
- Town of Refugio v. StrauchTexas Commission of Appeals · 1930
- Kirby Lumber Co. v. Gibbs Bros. & Co.Texas Commission of Appeals · 1929
- State v. Beeson, Texas Court of Appeals, 11th District (Eastland)2007
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