McCloskey v. Heinen

This appeal is from a judgment granting a perpetual injunction, restraining the commissioners’ court of Bexar county from opening and op.erating a third-class road across appellee’s land in Bexar county. Appellee contended that the proposed road was being opened for the exclusive use of one Joe Steinbach,,in getting from his home to the Seguin road, a distance of about 1,127 feet. The cause- was submitted to a jury upon two special issues, the first of which, “Was -the road in question solely for the use of Joseph Steinbach and family?” was answered in the affirmative, and the second of which…