East Line & Red River Railroad v. Garrett
Texas Supreme Court
Error from Marion. Tried below before the Hon. B. T. Estes. ' Garrett, defendant in error, brought suit in the District Court of Marion county against the East Line and Red River Railroad Company, alleging that the company, on the 1st of January, 1877, forcibly, and without the consent of Garrett, entered upon and appropriated a portion of his land, surveyed by virtue of the J. H. Johnson headlight, and constructed the road-bed of the company through his land for the…
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Error from Marion. Tried below before the Hon. B. T. Estes. ' Garrett, defendant in error, brought suit in the District Court of Marion county against the East Line and Red River Railroad Company, alleging that the company, on the 1st of January, 1877, forcibly, and without the consent of Garrett, entered upon and appropriated a portion of his land, surveyed by virtue of the J. H. Johnson headlight, and constructed the road-bed of the company through his land for the distance of one mile, appropriating about twelve acres of the value of $‘20 per acre, claiming damages for timber cut and,…
1Opinion of the Court
Bonner, Associate Justice.
The first error assigned is, that “the court erred in its charge to the jury in this: the jury were instructed, in substance, that the deed to the right of way -must be for a valuable consideration before it could avail defendant.”
From one clause of the ■ charge, abstractly considered, it might be inferred that it was the opinion of the presiding judge that a valuable consideration was necessary to convey the right of way, as this was the converse of the proposition therein stated.
But, taking the charge as a whole, this is not the proper construction to be given to…
2Cases cited3 opinions
- Markham v. CarothersTexas Supreme Court · 1877
- Grooms v. RustTexas Supreme Court · 1863
- Cuney v. DupreeTexas Supreme Court · 1858
3Cited by53 opinions
- Kahn v. KahnTexas Supreme Court · 1900
- Edward Thompson Co. v. SawyersTexas Supreme Court · 1921
- Rapid Transit Railway Co. v. SmithTexas Supreme Court · 1905
- Paris Grocer Co. v. W.H. BurksTexas Supreme Court · 1907
- Lindsay v. ClaymanTexas Supreme Court · 1952
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