Gulf, Colorado & Santa Fe Railway Co. v. Oakes

WILLIAMS, Associate Justice.

The certificate of the Court of Civil Appeals presenting the questions which we are called iipon to decide is as -follows:

“This suit was brought by appellee against appellant to recover damages for injuries done the farms of himself and wife by the spreading of Bermuda grass thereon, in consequence of its having been planted by appellant on its right of way where it runs through said farms. The . case thus alleged was established by the evidence, and the appellee recovered a verdict and judgment for $200, from which appeal is prosecuted.

“The court instructed the…