Missouri, K. & T. Ry. Co. of Texas v. Cardwell

The plaintiff was a tenant upon the farm of the estate of D. C. Jordan, through which defendant’s line of railroad passes, the tenant houses being on the north side and the balance of the farm land on the south side of the right of way, which runs in a general direction from east to west. Panther creek crosses the farm running in a northerly direction, and over this creek defendant has a bridge about seven feet high beneath which a passway has existed since the road was built in 1885 or 1886. About 1895 the right of way was for the first time fenced. At this bridge the fences at either end…