Texas Supreme Court March 20, 1882, Case No. 1210 (Texas & New Orleans Railway Co. v. Sutor)

Watts, J. Com. App.—

At the time of the construction of the railroad in 1860 the land of Sutor was subject to the right of eminent domain; the corporation could then have procured a judicial condemnation of it without the consent or even against the wishes of Sutor. The company would then have been .bound to pay the damages assessed for such use of the land.