Hamilton County v. Garrett

Citations

• 62 Tex. 602
• 1884 Tex. LEXIS 297

Syllabus

<p>1. Suit against a county.—The principle announced in Watkins v. Walker County, 18 Tex., 592, affirming the right of the citizen to maintain an action against a county for injury done his land, reaffirmed.</p> <p>2. Statute construed.— The provisions contained in arts. 4372, 4373, Revised Statutes, are to be considered as limitations on the right of a commissioners’ court to open a public road through inclosed land, rather than a rule fixing the measure of the owner’s remedy for injury, A disregard of the conditions imposed on a commissioners’ court in opening a road cannot affect the right of the land-owner to maintain a suit for damages.</p> <p>3. Distinguished.—This case distinguished from Keller v. Corpus Christi, 50 Tex., 614.</p> <p>4. Action — Corporation.— If the statute creating a liability against a corporation points out the remedy, that remedy alone cap be pursued.</p> <p>5. Damages — Bill of rights.— The right of the citizen to compensation under the seventeenth section of the bill of rights exists, not only when his land is. taken, but when it is in anyway injuriously invaded, though not taken. Citing authorities.</p> <p>6. Public road — Damages.— The right of a citizen through whose uninclosed land, which he intended to fence for a pasture, a public road is established by the county commissioners’ court, is not confined to a recovery of rent for the part appropriated. The establishment of the road must be regarded as a permanent appropriation of the property, and his right to compensation is measured by the permanent injury inflicted.</p> <p>7. Statute.— The defective condition of the statutes relating to the'establishment of roads across uninclosed land commented on.</p> <p>8. Establishing roads.— An order of the commissioners’ court, establishing a first-class road, on the petition of freeholders asking for the establishment of a second-class road, is not void. Their jurisdiction having attached by reason of the application made, the commissioners