Sabine & East Texas R'y Co. v. Johnson

Citations

• 65 Tex. 389
• 1886 Tex. LEXIS 675

Syllabus

<p>1. Measure of damages for negligently deluging land—The measure of damages for negligently deluging the land of another, without permanently taking it, is the Value of the products destroyed, including fruit trees, and the injury done to the land, and not the diiference between the value of the land before and after the overflow. (Following, R’y Co. v. Helsley, 62 Tex. 593; R’y Co. v. Harrington, 62 Tex. 597.)</p> <p>2. Same—The above rule entitles the owner to recover the value of his grass submerged, but not the price of new pastures or the expense of driving his cattle to them. '</p> <p>3. Damage to lands—License to graze confers no such right in lands as will support action for damages done them—A mere license to graze one’s cattle upon the lands of another, confers no such right in the lands as to entitle the owner of the cattle to recover damages for an injury done to the lands.</p> <p>4. Railroads—Obstructing highway—Measure of damages—Case stated—A railway company, by the negligent construction of its road, deluged a highway, along which the children of J. were accustomed to go afoot to school, and thereby so obstructed it for two months as to compel his children either to remain at home during that time or to attend school by some other means than on foot. J. employed two horses, as long as the obstruction continued, in carrying his children to school, at a cost of $24.00 for horse-feed. Held:</p> <p>(1) That J. was entitled to recover of the railway company, for obstructing the highway, an amount equal to his children’s share of the school fund for two months, if that share was less than the value of the horse-feed; if greater, then to recover the value of the horse-feed.</p> <p>6. Railroads—Cattle drowned by overflow—Proximate cause—If a railway company, by the negligent or improper construction of its road, deluges land, and the overflow, without the intervention of other agencies, directly and proximately causes the drowning of cattle, their owner is