Texas & P. Ry. Co. v. Phillips

(after stating the facts as above).

The appellant assigns as error the refusal of the court to give a requested peremptory instruction to the jury to return a verdict in its favor. The proposition relied upon presents, in effect, the point in view, that there is no proof of use of the railway crossing as a passway by the public or the appellees inconsistent with and adverse to the .continuing rights of the railway company, continued during the statutory period of limitation of ten years. It is believed that the evidence warrants the above contention of the appellant. While the proof is clear…