Hines v. Baker

Mr. Judge POWELL

delivered the opinion of the Commission of Appeals, Section B.

This cause is before the Supreme Court upon the following certificate from the Honorable Court of Civil Appeals for the First ■District:—

“In the above styled and numbered cause, now pending on rehearing in this court upon an appeal from the County Court of Grimes County, the question hereinafter stated, which is material to a determination of the appeal, arose out of the facts disclosed by the record as follows:

“The I. & G. N. Railroad runs through the land or farm of J. H. Stewart, its right-of-way being fenced…