Nading v. Denison & Pacific Railway Co.

FINLEY, Associate Justice.

—J. E. Hading sued the railway company for $1200 damages alleged to have been caused by the negligent and improper construction of its road along and adjoining his property, lots 14 and 15, block 10, Dumas’ addition to the city of Denison. The road was constructed in 1895.

The defendant denied generally, and specially pleaded that for a valuable consideration plaintiff had conveyed to it a strip off of said lot 14 along which the road was constructed for that specific purpose, and that a part of the consideration paid was the conveyance of lot 15 by it to plaintiff,…