I. & G. N. R'y Co. v. Pape

Citations

• 62 Tex. 313
• 1884 Tex. LEXIS 237

Syllabus

<p>1. Damages — Condemning land.—Damages which result from the increased difficulty of communication between the parts of a tract of land severed by the bed of a railroad are such as are construed to have been included in the assessment of damages in proceedings condemning the land for the use of the road.</p> <p>3. Same.— Such an assessment of damages embraces all past, present and future damage which the improvement may thereafter reasonably produce.</p> <p>S. Railway company.— A railway company is not bound to construct its roadbed and earthwork, when a right of way has been secured, in such manner as to produce the least possible inconvenience to the owner of the adjacent land.</p> <p>i. Damages—Right op way—Railway company.—A right of way for a railway company being secured, and an assessment of damages having been made, the railway company is not afterwards bound to construct its road with reference to the greatest convenience of the owner of the land, but is authorized to build in accordance with its general plan, with reference to cost and its own advantage in constructing a safe and good road. It must, however, be constructed with proper precautions to avoid unnecessary injury to the land.</p> <p>5. Pleading — Damages.— It was error to render judgment for damages against a- railway company for the alleged cost of constructing ditches and drains along the right of way which the company failed to provide, when the petition alleged no actual pecuniary loss, and failed to allege that the plaintiff had constructed or paid for or expended labor on them. In such a case, damages for the cost anticipated in constructing the drains and ditches cannot be awarded.</p>