Legal Opinion

Texas Midland R. R. v. Kaufman County Imp. Dist. No. 1

Court of Appeals of Texas

Decided March 20, 1915No. 7307PublishedCited by 6 opinions

Appeal from Kaufman County Court; Jas. A. Cooley, Judge. Condemnation suit by Kaufman County Improvement District No. 1 against the Texas Midland Railroad. Judgment for complainant, and defendant appeals.

1Opinion of the CourtRasbury, J.

Appellee brought this suit against appellant in the court below under the provisions of title 83, Vernon’s Sayles’ Civil Statutes 1914, enacted for the purpose of reclaiming, for agricultural uses, swamp lands and those subject to overflow and temporary and permanent excessive accumulation of waters. The purpose of the suit was to condemn, by the right of eminent domain conferred by the act, a portion of appellant’s right of way for use by appellee as part of a levee proposed to be constructed under the statutory provisions cited. There was first a ■hearing before commissioners, as provided…

2Cases cited2 opinions

  1. Sabine & East Texas Railway Co. v. Gulp & Interstate Railway Co.Texas Supreme Court · 1898
  2. Fort Worth & Rio Grande Railway Co. v. Southwestern Telegraph & Telephone Co.Texas Supreme Court · 1903

3Cited by6 opinions

  1. Texas & N. O. R. v. City of BeaumontCourt of Appeals of Texas · 1926
  2. County of Harris v. Southern Pacific Transportation Co.Court of Appeals of Texas · 1970
  3. Central Power & Light Co. v. Willacy CountyCourt of Appeals of Texas · 1929
  4. City of Houston v. Ft. Worth & Denver RailwayCourt of Appeals of Texas · 1981
  5. Missouri, K. & T. Ry. Co. v. Rockwall County Levee Imp. Dist. No. 3Court of Appeals of Texas · 1924

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