Texas & Pacific Railway Co. v. Bayliss

Citations

• 62 Tex. 570
• 1884 Tex. LEXIS 292

Syllabus

<p>1. Measure of damages — Growing crop.— Where a crop has been wrongfully destroyed, the proper measure of damages is the value of the crop at the time of its destruction. Sabine & E. T. R’y Co. v. Joachimi, 58 Tex., 456; Tex. & St. L. R. R. Co. v. Young, 60 Tex., 201.</p> <p>2. Pleading—Allegations as to damage.—Where the petition alleges that the crop was in fine condition during certain mouths; that during that period it was destroyed through the negligence of defendant; that it would have made a specified amount per acre, and was worth a specified sum per acre, it was held that these allegations as to damage, according to their usual significance, showed what the crop would produce at maturity, and not what the immatured crop was worth at the time it was destroyed, and a demurrer thereto was properly sustained.</p> <p>3. Same—Evidence.— No fact should be alleged which need not be proved.</p> <p>4. Parties—Joinder.— In a suit brought against a railway company by a tenant for damage to growing crops, it is not necessary for the landlord to be joined in the suit.</p> <p>5. Same—Tenant in common.— Under the Revised Statutes (art. 3107), the landlord’s lien and the remedy by distress warrant prescribed by statute are inconsistent with the relationship of tenant in common, and none of the consequences resulting from such relationship can be inferred in such a case.</p> <p>6. Damages — Recovery.— In a suit brought by a tenant against a railway company for damage to a growing crop, the tenant is entitled to recover all the damages incurred, and not a share proportionate to his ultimate interest in the crop.</p>