Burlington-Rock Island R. v. Newsom

HALE, Justice.

Appellees, Luther O. Newsom and wife, sued appellant, Burlington-Rock Island Railroad Company, for damages and in-junctive relief. Their claims for damages were grounded upon allegations to the effect that appellant had permitted Johnson grass to mature and go to seed upon its right-of-way during each of the years from 1946 to 1948, inclusive; that such grass had spread to and upon their contiguous land causing them to expend .certain time and labor of the value therein set forth in exterminating the same from their land; that by reason thereof they were entitled to recover the…