Clark v. Dyer
Texas Supreme Court
• This is an appeal from a judgment for $1235 damages caused to appellee by the overflowing of his lands in 1887. The injury is alleged to have been caused by the negligence of appellants, receivers, to construct and maintain sufficient culverts to drain the surface water, as required by statute. The petition also alleged like injuries during the years 1885 and 1886. These were stricken out because barred by limitation.
1Opinion of the Court
FISHER, Judge, Section B.
This suit was instituted by appellee against appellants, seeking recovery of damages resulting from overflowing his lands and destroying his crops and fences thereon. The overflows occurred in 1885 and 1887, while the Central Railway was in possession of appellants as receivers. In an embankment constructed by the railway it failed to place necessary culverts as the natural lay of the land required for a proper drainage of surface water therefrom, thereby causing the water to collect and overflow appellee’s land, resulting in the damages complained of in the petition.…
2Cases cited6 opinions
- Houston Water Works v. KennedyTexas Supreme Court · 1888
- Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1891
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Gulf, Col. & S. F. R'y Co. v. HelsleyTexas Supreme Court · 1884
- Caldwell v. GaleMichigan Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- City of Houston v. Renault, Inc.Texas Supreme Court · 1968
- Baker v. the City of Ft. WorthTexas Supreme Court · 1948
- Ft. Worth & D. C. Ry. Co. v. SpeerCourt of Appeals of Texas · 1919
- Johnson v. McMahanCourt of Appeals of Texas · 1931
- Bishop v. WilliamsCourt of Appeals of Texas · 1920
35 more not listed; retrieve them via the Exa API.