Fort Worth & Denver City Railway Co. v. Hogsett

Citations

• 67 Tex. 685
• 4 S.W. 365
• 1887 Tex. LEXIS 946

Syllabus

<p>1. Measure oe Damages—Evidence.—In a suit to recover damages for the negligent destruction of property “by the defendant, the measure of damages is the highest market value of property at the time of its destruction, and it is competent to prove its value at that time for any use to which it might have been applied.</p> <p>2. Assignment of Error.—An assignment of error to the admission of evidence must rest in the Supreme Court upon the same objection taken to the evidence before the trial court.</p> <p>3. Evidence.—Evidence of the market value of an article is not objectionable because it is in some measure the opinion of a witness.</p> <p>4. Practice—Evidence.—That the answer to a question, proper in itself, is shown to be an opinion of a witness not an expert as to the matter inquired about, is no ground for ruling out the question before it is answered. The proper practice is to move the exclusion of the answer if iis objectionable character is not developed until across examination.</p> <p>6. Measure of Damages.—In a suit for damages caused by permanent injury to the land of another, the true measure of damages is the difference between the market value of the land immediately before the act complained of and its value immediately afterward.</p> <p>6. Negligence.—A railway company is liable in damages for injury to the property of another caused by sparks of fire escaping from its engines through its negligence; or which sparks of fire ignite the grass left on the right of way of the road, and thus burn up adjoining property. It is negligence in a railway to leave grass and other combustible material liable to be ignited by sparks from an engine on its right of way.</p> <p>7. Cases Approved.—Troxler v. Railway Company, 74 North Carolina, 377;' Railroad Company v. Chase, 11 Kansas, 47, and Flynn v. Railroad Company, 40 California, 14, approved.</p>