Denison & Pacific Suburban Railway Co. v. O'Malley

BOOKHOUT, Associate Justice.

Appellee instituted this suit December 22, 1896, to recover of appellant damages alleged to have been caused by the construction of its road on Travis Avenue 355 feet west of plaintiff’s property in the city of Denison, and by the construction of cattle pens about 345 feet southwest of said property. A trial before a jury resulted in a verdict and judgment in favor of appellee for $750, from which judgment the railroad company has duly perfected its appeal.

Appellant’s first assignment of error reads: “The court erred in refusing charge number 1 requested by this…