Texas & New Orleans Railway Co. v. Sutor

Citations

• 56 Tex. 496
• 1882 Tex. LEXIS 61

Syllabus

<p>1. Right of way- Vested eight — Compensation—Damages;—On the faith of the verbal agreement of the owner giving a railway company the right of way over his premises, free of charge, if it would construct ditches to carry off water, the road was constructed and operated for years; the ditches also were dug. Seventeen years afterward the owner sued for damages from the construction of the road on his land, and also damages to his adjoining lands, crops, etc., from overflow. Held,</p> <p>(1) That the doctrine of dedication or of estoppel in pais applies to the right of way for a railroad, railroads being public highways.</p> <p>(3) That the owner had dedicated the right of way to the public use, arid the railroad company had acquired a vested right thereto, which was not divested by a failure to maintain sufficient ditches.</p> <p>(4) That even if the agreement had amounted only to a revocable license, the compensation of the owner on the revocation of the license, and the condemnation of the land at the application of the company, would not be estimated by the value of the land as increased by the construction of the railroad.</p> <p>(4) The company, though liable for damages proximately resulting from its failure to maintain sufficient ditches, is not liable for damages from an increased flow of water by reason of the ditches of another railroad company, such injuries not being proximately caused by the negligence of the defendant company.</p>