Atchison, Topeka & Santa Fe Railroad v. Billings

The opinion of the court-was delivered by

Milton, J. :

On the trial of this action, at the 1893 term of the Montgomery district court, Louis Billings, as plaintiff, recovered a judgment in the sum of $346, against plaintiff in error as defendant, based on a verdict of a jury, as damages on account of the failure of the .defendant company to construct cattle-guards at three points where its line of railroad runs through three contiguous tracts of land of said plaintiff, one point being a highway, and all of said tracts being enclosed by fences. Defendant’s motion for judgment upon the special…