Texas & Pacific Railway Co. v. Mercer

The Railway Company and Mercer each filed an application for a writ of error and each application was granted, from which it results that in this court each party is both plaintiff in error and defendant in error. For convenience we shall designate Mercer as plaintiff and the Railway Company as defendant.

We glean the following facts from the full statement made by the Honorable Court of Civil Appeals:

Plaintiff is the owner of a tract of land located 5 or 6 miles northeast of the City of Sherman, on which he had operated a dairy and truck farm for many years prior to the origin of the cause of…