The Texas Civil Appeals Reports Volume 41

The Texas Civil Appeals Reports Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...part of the railroad company in causing or permitting the nuisance, cited: City of Fort Worth v. Crawford, 74 Texas, 407; Locket v. Fort Worth Ry.."'o.. 14 S. W. Rep., 564: Fort Worth & D. C. Ry. Co. v. Scott, 2 App. Civ. Cas., sec. 142; 21 Am. & Eng. Ency. of Law, 688, 689, 892; Dobbins v. Missouri, K. & T. Ry. Co., 91 Texas, 65. That the defendant company would be liable even though other causes concurred with the nuisance created by it to bring about or produce the injuries: Gonzales v. City of Galveston, 84 Texas, 3; Missouri Pac. Ry. Co. v. Somers, 78 Texas, 439; San Antonio & A. P. Ry. Co. on Nuisances, sec. 830. That the testimony of the plaintiff, as to notice to defendant company, was admissible: Fort Worth & D. C. Ry. Co. v. Measles, 81 Texas, 474. T. S. Miller and Ramsey & Odell, for appellee.--The appellant having failed to file in the trial court, within the time required by law, a motion for a new trial, he can not now be heard to complain, on appeal, of the action of the trial court in rendering judgment against him. Rev. Stats., 'art. 1373; Gonzales v. Adoue, 56 S. W. Rep., 550; Aldridge v. Mardoff, 32 Texas, 207; Gill v. Rodgers, 37 Texas, 628; Linn v. Le'Compte, 47 Texas, 440. Except for the violation of a statutory duty, a railroad company is liable for damages caused by water accumulating or standing on its right of way only when it has failed to exercise ordinary care to prevent.such a condition; and there being no evidence of any failure on the part of the defendant company to furnish sufiicient culverts, ditches, sluices, openings, etc., such as the natural lay of the land in controversy required for the necessary drainage, the court did not err in requiring the jury to more

Product details

  • Paperback | 386 pages
  • 189 x 246 x 20mm | 685g
  • United States
  • English
  • black & white illustrations
  • 1236918258
  • 9781236918253