Legal Opinion

Missouri, K. & T. Ry. Co. of Texas v. Patterson

Texas Commission of Appeals

Decided March 2, 1921No. 194-3248PublishedCited by 8 opinions

Error to Court of Civil Appeals of First Supreme Judicial District. Action by W. R. Patterson against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiff was affirmed by the Court of Civil Appeals (204 S. W. 1026), and defendant brings error.

1Opinion of the CourtSpencer, J.

Defendant in error sued plaintiff in error to recover damages alleged to have been sustained by reason of plaintiff in error constructing a bridge across the Brazos river, and the embankment adjacent thereto ’ and connected therewith, in such a manner as to obstruct the natural water flow of the stream, causing the flood waters to be impounded and consequently back up upon the lands described in the petition, injuring the same and the growing crops thereon.

Plaintiff in error answered to the effect that the bridge and the embankment adjacent to and connected therewith were constructed in a…

2Cases cited2 opinions

  1. City of Galveston v. DevlinTexas Supreme Court · 1892
  2. Missouri, K. & T. Ry. Co. of Texas v. PattersonCourt of Appeals of Texas · 1918

3Cited by8 opinions

  1. Marine Bank & Trust Co. v. EpleyCourt of Appeals of Texas · 1928
  2. Texas Employers' Ins. Ass'n v. TeelCourt of Appeals of Texas · 1931
  3. Golden Rod Oil Co. No. 1 v. NobleCourt of Appeals of Texas · 1921
  4. Texas Employers' Ins. v. TeelCourt of Appeals of Texas · 1931
  5. Riley v. PalmerCourt of Appeals of Texas · 1923

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