Gulf, Col. & S. F. R'y Co. v. Helsley
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo Abbott. Appellee Helsley brought this suit against the appellant, the railway company, to recover damages to lands of appellee, alleged to have been caused by the negligent and unskillful construction of appellant’s railway on lands near those of appellee, causing overflow, etc. The nature and extent of the damage complained of is sufficiently set out in the opinion.
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Appeal from Johnson. Tried below before the Hon. Jo Abbott. Appellee Helsley brought this suit against the appellant, the railway company, to recover damages to lands of appellee, alleged to have been caused by the negligent and unskillful construction of appellant’s railway on lands near those of appellee, causing overflow, etc. The nature and extent of the damage complained of is sufficiently set out in the opinion. At the trial had below, the jury rendered a verdict in favor of appellee for $225.
1Opinion of the Court
Stayton, Associate Justice.
It appears in this case that the appellant constructed its railway on the iand of another, but in near proximity to the east line of the land owned by the appellee, and that its railway was constructed over a water-course which ran through the appellee’s land and field. It is claimed that the railway over this water-course was so constructed that room was not left for. the free passage of water during seasons of heavy rains, and that thereby the water was forced back and caused to overflow the land of the appellee.
It is further claimed that the water which fell on…
2Cases cited4 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
3Cited by39 opinions
- International & Great Northern Railroad v. PapeTexas Supreme Court · 1889
- Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1891
- Miller v. LetzerichTexas Supreme Court · 1932
- Trinity & Sabine Railway Co. v. SchofieldTexas Supreme Court · 1889
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
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