Texarkana Water Co. v. Kizer

• Court: Texas Court of Appeals
• Writing for the Court: Rainey
• Citation: Texarkana Water Co. v. Kizer, 63 S.W. 913 (Tex. App. 1901)
• Decision Date: 27 April 1901
• Parties: TEXARKANA WATER CO. v. KIZER.

63 S.W. 913

TEXARKANA WATER CO. v. KIZER.

Court of Civil Appeals of Texas.

April 27, 1901.

Appeal from district court, Bowie county; J. G. Russell, Judge.

Action by A. J. Kizer against the Texarkana Water Company. Judgment for plaintiff. Defendant appeals. Modified.

H. C. Hynson and Smelser & Mahaffey, for appellant. Glass, Estes & King, for appellee.

Conclusions of Fact.

RAINEY, C. J.

The conclusions of fact of the trial judge are supported by the evidence, and the same are adopted as the conclusions of this court.

Conclusions of Law.

Under the evidence plaintiff was the owner of the pipe line sued for at the time of its conversion, January 1, 1899, and entitled to recover a judgment for the value thereof. The possession and control of the property by defendants, as shown by the evidence, was not adverse and exclusive as against the plaintiff until the conversion, January 1, 1899; and, as suit was brought by plaintiff within two years from the date of conversion, his claim was not barred by limitation.

The court erred, however, in rendering judgment for the sum of $1,250, when, by its findings, the value was only $1,200. There was also error in rendering judgment for $80 as rents for said property after the bringing of said suit. Ordinarily, the measure of damages for wrongful conversion of property is its value at the date of conversion, with legal interest from that date. There is...