Gulf, C. & S. F. Ry. Co. v. Thornton
| Decision Date | 26 March 1908 |
| Citation | 109 S.W. 220 |
| Parties | GULF, C. & S. F. RY. CO. v. THORNTON. |
| Court | Texas Court of Appeals |
Appeal from Cooke County Court; C. R. Pearman, Judge.
Action by R. F. Thornton against the Gulf, Colorado & Santa Fé Railway Company. Judgment for plaintiff. Defendant appeals. Reversed and rendered.
J. W. Terry and A. H. Culwell, for appellant. Culp & Giddings, for appellee.
May 11, 1903, appellant was about to make a change in its located line of railway at a point in the Indian Territory where same passed through the northeast quarter of section 36 and the northeast quarter of section 35, and in making such change contemplated the construction of a solid embankment to take the place of a trestle then forming a part of its roadbed. One B. M. Stewart owned a tract of land contiguous to the point on appellant's right of way where the change specified was to be made. A stream of water flowed over Stewart's land, and escaped therefrom under the trestle. By an instrument in writing executed by Stewart on said May 11, 1903, in consideration of $1 paid to him, and of appellant's undertaking to construct a crossing over its tracks at a point specified, he released and forever discharged appellant "from any and all claims for damages" he had or thereafter might have "by reason of the construction and maintenance of the roadbed or embankment so to be constructed, causing overflow over any of said lands or any other lands" then or thereafter owned, occupied, or held by him "for all time to come." In the instrument was this declaration: "This agreement shall inure to the benefit of the successors and assigns of said railway company, and shall run with the land, and be binding on the heirs, assigns, executors, and administrators of the said B. M. Stewart." The instrument appears to have been filed with the proper officer for record May 23, 1903. In the fall of 1904 Stewart rented his land to appellee, who made a crop thereon during the year 1905. In 1904 appellant commenced the work necessary to make the change in the location of its line of railway contemplated at the time Stewart executed the release referred to, and the solid embankment contemplated was constructed, it seems, during the year 1905. In the fall of the last-mentioned year Stewart again rented the land to appellee, who made a crop on it during the year 1906. By the terms of the rental contract Stewart was to receive as rent one-third of the crop grown by appellee. As the result of an overflow of water caused by the solid embankment constructed by appellant, in May, 1906, the crop growing on the land was damaged in the sum of $138.80, as found by the court. From a judgment for said sum in favor of appellee, this appeal is prosecuted.
Appellant contends that the release to it by Stewart was effective as against appellee's claim, and therefore that the damages covered by the judgment were not recoverable against...
To continue reading
Request your trial
-
Robertson v. New Orleans & G. N. R. Co.
... ... those included in the conveyance. [158 Miss. 27] ... Lewis ... on Eminent Domain (3 Ed.), 822; Gulf C. & S. F. Ry. Co ... v. Thornton (Tex.), 109 S.W. 220; Perrin v ... Pennsylvania Railroad Company, 61 A. 87, 272 N.J.L. 398, ... affirmed in ... ...
-
Crawford v. Magnolia Petroleum Co.
...release for injuries so caused and the recording of the lease is notice thereof to a subsequent lessee." Citing Gulf, etc., R. Co. v. Thornton (Tex. Civ. App.) 109 S. W. 220, 221. From the language of the deed and the lease, we must presume that Mrs. Worley has been compensated for all dama......
-
Schwartz v. Westbrook, 9116.
...American Can Co. v. Garnett, 9 Cir., 279 F. 722, certiorari denied 260 U.S. 722, 43 S.Ct. 12, 67 L.Ed. 481. 2 Gulf, C. & S. F. Ry. Co. v. Thornton, Tex.Civ.App., 109 S.W. 220; Reiter v. Ginocchio, 45 Ohio App. 434, 187 N.E. ...
-
Gulf, C. & S.F. Ry. Co. v. Anderson
... ... plaintiffs only as to damages which were sustained up to the ... date thereof to wit, February 6, 1907 ... Appellant ... in support of its contention cites the case of Gulf, ... Colorado & Santa Fé Ry. Co. v. Thornton (Tex. Civ. App.) ... 109 S.W. 220, but we do not find this authority to be in ... point. There the landowner, Stewart, entered into an ... agreement with the railway company whereby for a valuable ... consideration it was agreed that certain trestle works ... erected by the railway company and ... ...