T. & N. O. R. R. Co. v. Sutor

Citations

• 59 Tex. 29
• 1883 Tex. LEXIS 98

Syllabus

<p>1. Action.— One who voluntarily consents to the occupation of his land by a railway road-bed for seventeen years, with no other compensation therefor than such as would result to him in common with others from the construction of the road, cannot recover damages for the use of his land.</p> <p>2. Same.— The failure of the road to keep open the necessary ditches and water-ways across the land would not operate a forfeiture of its right of way thus voluntarily relinquished. The remedy is by an action for damages for the loss sustained in consequence of such insufficient ditches and water-ways.</p>