Gossett v. Citizens Railway Company

GAINES, Chief Justice.

The judgment in this case was reversed and the cause remanded by the Court of Civil Appeals upon the ground that there was error in the charge of the court. The ordinances of the city introduced in evidence prescribed that the street commissioner should fix the grade line of the street and that street railway companies should "comply strictly to the grade line given by the street commissioner and ‘should’ keep the top of the rail so laid flush with the surface of said street.” They provided also that they should keep "their roadbeds and tracks in good condition so as to…