Texas & St. Louis R. R. Co. v. Matthews

Citations

• 60 Tex. 215
• 1883 Tex. LEXIS 304

Syllabus

<p>1. Measure of damages.— Where a railroad company appropriates a portion of the land of another in the constructio.n of its road thereon, without resorting to the statutory method of ascertaining the damages (R. S., 4195), the measure of damages for the appropriation is the value of the land on the day it was taken, and that amount to be increased or diminished according as the remainder of the tract has been injured or benefited by the appropriation of the part used in the construction of the road. This amount may be increased by special injuries resulting from the trespass, and in a proper case by vindictive damages. B. B., B. & C. R. R. Co. v. Ferris, 26 Tex., 588, followed.</p> <p>2. Same.— In estimating such damages no separate account should be taken of the trees out upon the land, but the value of the land taken, with the trees growing on it, should be assessed.</p>