American Cement Plaster Co. v. Acme Cement Plaster Co.
Court of Appeals of Texas
Appeal from District Court, Hardeman County; J. A. Nabers, Judge. Action by the Acme Cement Plaster Company against the American Cement Plaster Company and others. From a judgment for plaintiff, defendants appeal.
1Opinion
On Motion for Rehearing.
[6] In appellant’s motion for rehearing, the complaint is seriously made that we failed to discuss the first assignment of error, but silently overruled the same. This assignment involves the proposition that, having acquired an easement by prescription on a part of the land of plaintiff, defendant would not lose the easement by pulling up its poles and placing them across the Et. Worth & Denver City Railroad track, on another portion of said land — that it was a mere deviation of the use ■of the land. The following authorities are cited, under the assignment, in…
2Cases cited4 opinions
- Jarstadt v. SmithWisconsin Supreme Court · 1881
- Durkee v. JonesSupreme Court of Colorado · 1900
- Farnum v. PlattMassachusetts Supreme Judicial Court · 1829
- Leonard v. LeonardMassachusetts Supreme Judicial Court · 1861