Houston & Texas Central R'y Co. v. Molloy
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. L. D. Bradley. The following statement of the ease by appellant is correct*. In 1871, when appellant’s road was being constructed and was approaching Corsicana, W. G. Veal, acting as agent for the company, went to Corsicana to perfect plans for the location of a depot and to procure donations, etc. The citizens of Corsicana appointed a committee of which Maj. A. Beaton was chairman, to confer with Mr. Teal.
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Appeal from Navarro. Tried below before the Hon. L. D. Bradley. The following statement of the ease by appellant is correct*. In 1871, when appellant’s road was being constructed and was approaching Corsicana, W. G. Veal, acting as agent for the company, went to Corsicana to perfect plans for the location of a depot and to procure donations, etc. The citizens of Corsicana appointed a committee of which Maj. A. Beaton was chairman, to confer with Mr. Teal. He proposed to the committee that, for certain considerations which he named, among which was the donation of six hundred and forty acres…
1Opinion of the Court
Stayton, Associate Justice.
Hone of the assignments of error presented in brief of counsel question the right of the appellee to recover damages-for the depreciation in value of his property, caused by the removal of the depot from the place at which by contract it was originally placed.
There were but two claims for damages asserted in the pleadings:
One for the recovery of $750, alleged to have been paid by the appellee on the land which the appellant received as the consideration for its promise to establish and maintain its depot at the designated place.
The other for the depreciation in the…
2Cases cited3 opinions
- Bonner v. WelbornSupreme Court of Georgia · 1849
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- St. John v. Mayor, Aldermen & CommonaltyThe Superior Court of New York City · 1856
3Cited by11 opinions
- Blagen v. ThompsonOregon Supreme Court · 1892
- Wichita Falls Electric Co. v. HueyCourt of Appeals of Texas · 1922
- Insurance Co. v. DunscombTennessee Supreme Court · 1902
- Simons v. WittmannMissouri Court of Appeals · 1905
- South Memphis Land Co. v. McLean Hardwood Lumber Co.Court of Appeals for the Sixth Circuit · 1910
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