Houston & Texas Central R'y Co. v. Molloy

Citations

• 64 Tex. 607

Syllabus

<p>1. Evidence — Removal of a depot — Damages.— In a suit against a railroad company, claiming damages for the depreciation in value of plaintiff’s hotel property, caused by the removal of the depot, held:</p> <p>(1) That the same evidence is admissible to show injury and its extent, whether it arises from a breach of contract or a tort.</p> <p>(2) That any proof showing that by the act of another anything necessary to the advantageous use of property has been unlawfully withdrawn, tends to show depreciation in its value. When permanent injury to the use of real property is shown to have resulted from the unlawful act of another, it is proper for the owner to show the depreciation in the rental value, diminution of the business to which the property is adapted, or diminution in other like things resulting from the unlawful act, for these things give value to property. See cases cited in opinion.</p> <p>(8) That the plaintiff was entitled only to recover the decrease in the value of his property resulting solely from the removal of the depot.</p> <p>(4) That if the plaintiff built, relying on acts done, and on the faith of the acts and declarations of the railroad company and its agents, it was not important whether the plaintiff bought the lots on which he built at the time the defendant contracted to establish and maintain its depot at the place named, or subsequently. That the maps made and exhibited by the company were standing declarations of its intention to do what it had contracted to do.</p>