Houston & E. T. R'y Co. v. Adams

Citations

• 58 Tex. 476
• 1883 Tex. LEXIS 51

Syllabus

<p>1. Damages.— Suit was brought in trespass to try title against a railway company, and to recover damages for destruction of fences and orchards, for fencing in twenty acres, and other items of damage, with prayer in the alternative, 1st, for restoration of the premises, for damages and injunction; or 2d, that if the railway company was entitled to have condemned a right of way, that it be set aside by-metes and bounds. The plaintiff it was shown, had conveyed by deed a right of way over the land to the company. Held,</p> <p>(1) The admission of evidence showing the depreciation of the value of the entire property by reason of the location and construction of the road, connected with the fact that the greater part of the charge related to the condemnation of the right of way and measure of damages in such cases, all of which resulted in an inconsistent verdict, was error requiring a reversal of the judgment.</p> <p>(2) The court should have charged the jury (the grant of á right of way being shown) that no damages could be recovered, either for the use of that right of way or for the depreciation in value of other land of appellees, or for any inconvenience to which plaintiff might be subjected, provided, the same .did not result from the want of due care and skill in the location and construction of the road.</p>