Houston Tap & Brazoria Railway Co. v. Milburn

Citations

• 34 Tex. 224

Syllabus

<p>1. When manifest error is apparent on the face of the record, and is admitted by the appellee, hip motion to dismiss the case for want of prosecution will not, it seems, be granted under ordinary circumstances.</p> <p>3. The 'rule that more damages cannot be recovered than are claimed by the plaintiff, applies to awards by appraisers, appointed under a railway charter to determine the compensation duo to owners of land taken by the company for its road.</p> <p>3. The charter of the Houston Tap and Brazoria Railway Company, passed in 1856, provides for the appointment by the district court of appraisers to determine the compensation due to owners of land taken by the company for its road, such appraisement to be reported to the court, and if confirmed, to be made a judgment thereof. Held, that this provision is not in conflict with the constitutional guarantee of trial by jury, or otlier constitutional provisions. (Railway Company v. Perris, 26Texas, 588, cited by the court, and approved.)</p>