Tex. & St. Louis R. R. Co. v. Matthews
Decision Date | 26 October 1883 |
Docket Number | Case No. 1529. |
Parties | TEXAS & ST. LOUIS R. R. CO. v. H. S. MATTHEWS. |
Court | Texas Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from Bowie. Tried below before the Hon. B. T. Estes.
H. S. Matthews instituted this suit on the 10th of February, 1881, against the appellant, to recover damages for the construction of the railway across the H. S. Janes survey of land, situated in Bowie county. First, for the value of the land taken; second, for the value of the timber cut down.
Trial and verdict for the plaintiff for the sum of $500. Upon this a remittitur of $35 was entered by plaintiff, upon the suggestion of the court that the verdict was at least excessive to that extent, whereby the amount was reduced to $465, for which judgment was finally entered.
M. H. Whitaker and Chas. T. Bonner, for appellant.
Dan T. Leary, for appellee.
The only question for our decision in this case is: What is the measure of damages in an action brought by the owner of land against a railroad company for taking possession of a portion of his land without his consent and constructing a railroad through it?
Our statute, in cases where land is condemned under it, provides that the commissioners shall estimate the injuries sustained and the benefits received by the owner as to the remaining portion of the real estate, and the extent of such increase or diminution, and shall assess the damages accordingly. R. S., art. 4195. This is legislative construction as to what amounts to a compensation to the owner for landed property taken for public use. Is he entitled to any more in case the land is appropriated without a resort to the methods provided by statute? In the latter case the railroad company becomes a trespasser, whereas in the former it proceeds to subject the land to its use in the proper forms of the law. As in case of trespass the injured party recovers compensation for his losses, damages for any special injuries or expenses to which he is subjected, and in a proper case vindictive damages, it would seem proper that where there were no special damages nor a case made for those of a punitory character, the amount to be recovered would be what would compensate the owner for the loss he had sustained in having his property taken from him and appropriated to railroad purposes. The compensation as fixed by the statute referred to should, by analogy, be applied to such a case, and the plaintiff should recover the amount of the value of the land...
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