San Antonio & Aransas Pass Railway Co. v. Burns

BROWN, Associate Justice.

Certified question from the Court of Civil Appeals for the First Supreme Judicial District. The statement and questions are as follows:

“Appellees brought this suit alleging that they were owners of land lying on each side of the defendant railway company’s right of way. That the defendant company had permitted Johnson grass to go to seed upon its right of way and had negligently permitted it to be communicated to plaintiffs’ land to their damage, for which they prayed as well as for the penalty prescribed in the act of the Legislature of April 18, 1901, commonly known…