Gulf, Colorado & Santa Fe R'y Co. v. Greenlee
Texas Supreme Court
Appeal from Bosque county. STATEMENT Suit by husband and wife in behalf of the latter, for personal injuries from alleged negligence of appellant and its servants. On the afternoon of September 29, 1881, appellees, with their five children, were traveling in a southerly direction from the town of Meridian, Bosque county, to Comanche Springs, McLennan county, in a covered wagon drawn by a yoke of oxen, along the public high ■ way leading from Meridian to the town of Clifton.
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Appeal from Bosque county. STATEMENT Suit by husband and wife in behalf of the latter, for personal injuries from alleged negligence of appellant and its servants. On the afternoon of September 29, 1881, appellees, with their five children, were traveling in a southerly direction from the town of Meridian, Bosque county, to Comanche Springs, McLennan county, in a covered wagon drawn by a yoke of oxen, along the public high ■ way leading from Meridian to the town of Clifton. This highway and the defendant’s railway crossed each other about four miles south of Meridian ; and, as the plaintiff’s…
1Opinion of the Court
OPINION.
Where a railroad intersects or crosses a public highway, the statute imposes upon the company the obligation to restore the highway either to its former state, or to such condition as not to unnecesrarily impair its usefulness, and also to keep tne crossing in good repair.
If, therefore, after constructing a railroad across a public highway, the company restores it to such condition as not to unnecessarily im*475pair its usefulness as a highway, and keeps the crossing in good repair, the company will then have discharged the duty imposed by the statute.
Upon this branch of the case the…
2Cases cited2 opinions
- H., E. & W. T. R'y Co. v. HardyTexas Supreme Court · 1884
- Spence v. OnstottTexas Supreme Court · 1848