Missouri, Kansas & Texas Railway Co. v. Wetz

WILLIAMS, Associate Justice.

Certified question from the Court of Civil Appeals of the Third District, as follows:

“Appellee brought suit in the Justice Court of Precinct Ho. .1, Comal County, to recover for damages alleged to have been sustained by him on account of the failure of appellant to erect and maintain cattle-guards at the points where its railroad entered the inclosure of appellee, in accordance with article 2533 of the Revised Statutes of Texas.

“Upon appeal to the District Court of said county, which had jurisdiction of said case, appellee recovered • judgment for $175, from which…