Fort Worth & Denver City Railway Co. v. Suter

SPEER, Associate Justice.

—This is -an appeal by the Fort Worth & Denver City Bailway Company from a judgment in favor of B. H. Suter for one thousand dollars as damages growing out of art overflow alleged to have resulted from a failure of the railway company to maintain proper culverts for the escape of water.

It is first urged that the court erred in the following paragraph of his charge, to wit: “It is the duty of a railway company in constructing and maintaining its roadbed and track to provide and maintain the necessary culverts and sluiceways to carry the waters of all streams which it…