Burlington-Rock Island R. Co. v. Newsom

HALE, Justice.

Appellees, Luther O. Newsom and wife,, sued appellant for actual and exemplary damages. Their claims for actual damages-were grounded upon allegations that appellant had permitted Johnson grass to mature and go to seed on its right-of-way during 1948 and 1949 and had failed to construct and maintain its roadbed, tracks and a certain culvert thereunder in such manner as to -carry surface waters resulting from an ordinary -rainfall off of their land through such culvert. Their claim for exemplary damages was based upon allegations that appellant had wilfully and maliciously failed…