Owens v. Missouri Pacific Railway Co.
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. S. A. Owens brought this suit to recover damages for the destruction by overflow of appellant’s pasture, which embraced about two hundred acres of land.
Read the full summary
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. S. A. Owens brought this suit to recover damages for the destruction by overflow of appellant’s pasture, which embraced about two hundred acres of land. Appellee constructed its road, which consisted of a solid embankment from three and one-half to fourteen feet high, and it was alleged that appellee negligently and willfully failed to fix proper culverts and sluices in the construction of said embankment such as the natural lay of the land required for the drainage thereof, and that, owing to such negligent construction,…
1Opinion of the Court
Gaines, Associate Justice.
This suit was brought by appellant against appellee to recover damages to appellant’s land, alleged to have been caused by an embankment erected by appellee. Appellant obtained in the court below a verdict and judg- ' *681ment for one hundred dollars, and because, as he claims, the damages are insufficient, he now appeals to this court.
That after the construction of appellee’s road and embankment the land of appellant was overflowed and greatly depreciated in value there can be no doubt. But the stress of the case was upon the issue, whether the continuous overflow,…
2Cited by26 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Abilene & S. Ry. Co. v. HermanCourt of Appeals of Texas · 1932
- Ft. Worth & D. C. Ry. Co. v. SpeerCourt of Appeals of Texas · 1919
- Morton Salt Co. v. LybrandCourt of Appeals of Texas · 1927
- Holmes v. CoalsonCourt of Appeals of Texas · 1915
21 more not listed; retrieve them via the Exa API.