Missouri Pacific Railroad Co. v. Meyer

In an action for damages to an. automobile at a crossing over the public highway, where a spur track of appellant’s main line crosses to a gin nearby, judgment was rendered against the appellant, from which is this appeal.

The appellant’s claim of exemption from liability is predicated upon the contention that the switch or spur track was not its property, but was built by it for one T. E. Head, and at his expense, and, when the construction was completed, no duty thereafter rested upon the appellant to maintain the crossing. This contention is based upon the familiar principle that, “when the…