Texarkana & Fort Smith Railway Co. v. Houston Gas & Fuel Co.

Mr. Judge CRITZ

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

This case is before us on two certified questions from the Court of Civil Appeals for the First District at Galveston. In the interest of brevity we omit reproducing the entire certificate and content ourselves with making a short statement of the issues involved.

This suit was filed in the District Court of Harris County, Texas, by Houston Gas & Fuel Company, hereafter called appellee, against the Texarkana & Fort Smith Railway Company et al., hereafter called the railroads, to recover damages for certain alleged…