Southwestern Telegraph & Telephone Co. v. Smithdeal

Certified question from the Court of Civil "Appeals for the Fifth District, as follows:

“In the above entitled cause, which is pending on motion for rehearing, the following issues of law arise, which this court deems it advisable to present to the Supreme Court of the State of Texas for adjudication.

“Nature of Suit.—This suit was instituted by appellee to recover of appellant .damages occasioned him by the construction of appellant’s telegraph and telephone lines over and along Franklin and Ivy Streets, in the city of Hillsboro, on which appellee’s homestead is situated, and also prayed for a…