G., C. & S. F. R'y Co. v. Donahoo
Texas Supreme Court
Error from Johnson. Tried below before the Hon. Jo. Abbott. Suit by Jerusha Donahoo, joined by Henry Donahoo, her husband, against plaintiffs in error to recover damages; first, for the appropriation by plaintiff of the right of way for its road, about one hundred by eighteen hundred feet of ground, over her lands, against her consent; and second, for flooding about thirty acres of land adjacent to its road-bed by reason of the unskilful construction of its road-bed and the…
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Error from Johnson. Tried below before the Hon. Jo. Abbott. Suit by Jerusha Donahoo, joined by Henry Donahoo, her husband, against plaintiffs in error to recover damages; first, for the appropriation by plaintiff of the right of way for its road, about one hundred by eighteen hundred feet of ground, over her lands, against her consent; and second, for flooding about thirty acres of land adjacent to its road-bed by reason of the unskilful construction of its road-bed and the failure of the company to provide sufficient drainage for conducting the surface water away.. For the first alleged…
1Opinion of the Court
Stayton, Associate Justice. —
■ This action was brought by Jerusha Donahoo, joined by her husband, to recover damages for injury to land, her separate property, by the construction of the defendant’s railway thereon; she alleging not only the unauthorized use of her land' for the railway, but also that the railway was so constructed as to cause her land to be overflowed and thereby rendered less valuable for agricultural and other purposes.
*131The railway claims the right to use the land, which is admitted to be the separate property of Mrs. Donahoo, under a conveyance of the right of way made by…
2Cases cited1 opinion
- T. & P. R'y Co. v. DurrettTexas Supreme Court · 1882
3Cited by20 opinions
- Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1891
- Miller v. LetzerichTexas Supreme Court · 1932
- Lewis v. City of SeattleWashington Supreme Court · 1893
- Chicago, R. I. & G. Ry. Co. v. JohnsonCourt of Appeals of Texas · 1913
- Springfield & Memphis Railway Co. v. HenrySupreme Court of Arkansas · 1884
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