G., C. & S. F. R'y Co. v. Donahoo

Citations

• 59 Tex. 128
• 1883 Tex. LEXIS 119

Syllabus

<p>1. Deed by husband conveying easement on the wife’s land. — The case of T. & P. R’y Co. v. Durrett et al., 57 Tex., 48, which holds that the husband has no power to convey a perpetual easement on land the separate property of the wife cited and followed.</p> <p>2. Damages from overflow- of water. — If a railway company so constructs its road-bed and ditches as to divert surface water from its usual and ordinary course, and shall cause, by its embankments or ditches, such water to be conveyed to a particular place and thereby overflow land which, before the construction of the road-bed, did not overflow, the company will be liable to the land owner for such .injury. Nor does the fact that the owner, across whose land the road-bed was constructed without her consent, while the work was progressing, failed to notify the company that she would claim damages, restrict her remedy to a recovery of the value of the land appropriated as a right of way.</p> <p>3. Practice.— The fact that a judgment did not afford all the relief to which a party may have been entitled will constitute no ground for reversal, where no objection, is made to the form of the judgment prior to the filing of assignments of error.</p> <p>4. Constitution construed.— A right of way cannot be obtained by a railway company across land not belonging to it, until it has been paid for, or its payment secured by a deposit of money.</p> <p>5. Dedication— Right of way. — The payment of a judgment establishing a right of way in a railway company bars the right of the former owner of the land to an action based on the proper use by the company of the right of way, and operates as a dedication of the right of way, with all its incidents, to the uses to which the company have applied it;</p>