T. & St. Louis E. E. Co. v. Jarrell

Citations

• 60 Tex. 267

Syllabus

<p>1. Trespass to try title — Equity.— One who permits a railway company to enter upon his land and clear a right of way for its road-bed without objection, under verbal authority from him so to do, cannot afterwards repudiate the permission and maintain an action in trespass to try title to recover the strip so used for operating the road. Citing Mills on Em. Domain, sec. 143, and cases there cited, and 57 Mo., 256.</p> <p>2. Practice—Argument of counsel.— See statement of case for remarks of counsel used in the closing argument of a cause, held calculated to prejudice the rights of appellant, and which should not have been permitted.</p> <p>8. Evidence.—In a suit against a railway company to recover a strip of land used for the road-bed, the defense was, that the plaintiff had verbally agreed to give the right of way provided the citizens of the county were under legal obligations to secure the same, and that the company had entered upon the land under that agreement and cleared a way for a road-bed without objection. Held, that the exclusion of a subscription list signed by citizens of the county guarantying the right of way to the conpany was error.</p>