Gulf, Colorado & Santa Fe Railway Co. v. Rowland

Gaines, Associate Justice.

The decision of this case depends upon the determination of the question of the constitu-. tionality of the act of March 23, 1887, which provides that all railroad companies which had theretofore, or which may thereafter “fence their right of way may be required to make openings or crossings through their fence and over their road bed along their right of way every one and a half miles thereof;” *301and "if such fence shall divide any inclosure, that at least one opening- shall be made in said fence within such inclosure.” (Laws Twentieth Leg., p. 39.) Appellee was the…