Peacock v. Missouri-Kansas-Texas R. Co. of Texas

RICE, Chief Justice.

This suit was instituted by appellants, Mrs. B. H. Peacock, et al., herein styled plaintiffs, against Missouri-Kansas-Texas Railroad Company, appellee, styled defendant herein, for damages to plaintiffs’ land and crops, allegedly caused by the act of defendant in diverting surface water from its natural course and in allowing Johnson grass to seed on its right-of-way. The jury, in answer to special issues, found for the defendant, and plaintiffs appealed.

Plaintiffs’ first assignment of error is that the trial court erred in refusing to grant their motion for new trial…