Shephard v. Barnett
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson.- Suit for damages, brought by B. A. Shephard against the appellees, for the recovery of $1,000, because of injury alleged to have been sustained by him in the depreciation in value of a tract of land owned by him in the city of Houston, caused by the defendants fencing and closing up a street lying in front of and adjacent to his land.
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Appeal from Harris. Tried below before the Hon. James Masterson.- Suit for damages, brought by B. A. Shephard against the appellees, for the recovery of $1,000, because of injury alleged to have been sustained by him in the depreciation in value of a tract of land owned by him in the city of Houston, caused by the defendants fencing and closing up a street lying in front of and adjacent to his land. The petition, after giving the. names and residence of parties, avers that the plaintiff" owned, by a good, valid, and sufficient title in fee-simple, a tract of land containing ten acres, a part…
1Opinion of the Court
Gould, Associate Justice.
The petition alleges plaintiff’sownership of a certain ten-acre lot in the city of Houston, bounded on the south by a public street known as Williams street, constituting an easement to his lot, and with a view to which, as an outlet therefrom, he had purchased said lot; that defendants, by erecting fences across the street, had obstructed it and prevented its free passage, and had thereby depreciated the value of plaintiff’s lot in the sum of $1,000. Plaintiff prays for judgment that the obstructions to the street be removed, and for $1,000 damages, and costs.
The…
2Cases cited3 opinions
- Oswald v. GrenetTexas Supreme Court · 1858
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Gordon v. RossCalifornia Supreme Court · 1852
3Cited by5 opinions
- City of San Antonio v. StrumbergTexas Supreme Court · 1888
- El Paso Union Passenger Depot Co. v. LookCourt of Appeals of Texas · 1918
- Soap Corp. of America v. BalisCourt of Appeals of Texas · 1949
- Hulse v. PowellCourt of Appeals of Texas · 1899
- Shelton v. PhillipsCourt of Appeals of Texas · 1921