Texas & New Orleans Railway Co. v. Sutor
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. It does not appear when this suit was instituted. Sutor, the plaintiff below, filed his first amended petition July 5, 1878, against plaintiff in error (defendant below), suit being trespass to try title for one hundred and sixty-three by one hundred and four feet of land situated in the city of Houston, Harris county, charging that the entry was made about January 1, 1875. Also that the defendant had since,…
Read the full summary
Appeal from Harris. Tried below before the Hon. James Masterson. It does not appear when this suit was instituted. Sutor, the plaintiff below, filed his first amended petition July 5, 1878, against plaintiff in error (defendant below), suit being trespass to try title for one hundred and sixty-three by one hundred and four feet of land situated in the city of Houston, Harris county, charging that the entry was made about January 1, 1875. Also that the defendant had since, without authority or consent, unlawfully built and constructed their railroad tracks thereon, being fixtures and part of…
1Opinion of the Court
Watts, J. Com. App.—
At the time of the construction of the railroad in 1860 the land of Sutor was subject to the right of eminent domain; the corporation could then have procured a judicial condemnation of it without the consent or even against the wishes of Sutor. The company would then have been .bound to pay the damages assessed for such use of the land.
It appears from the record that the city of Houston had agreed with the railroad company to procure the *499right of way within the city limits, and, acting in pursuance thereof, the mayor, representing the city, called upon Sutor to procure…
2Cases cited1 opinion
- Oswald v. GrenetTexas Supreme Court · 1858
3Cited by16 opinions
- People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- Gillean v. City of FrostCourt of Appeals of Texas · 1901
- Watson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
11 more not listed; retrieve them via the Exa API.