Doeppenschmidt v. I. G.N.R.R. Co.

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

"Appellant brought this suit against appellee, seeking to recover damages upon the theory that the defendant wrongfully permitted Johnson grass to mature and go to seed upon its right of way, from which it was washed to and upon the plaintiff's land, causing it to become infested with Johnson grass and materially damaged and its market value materially diminished.

"The trial court sustained a general demurrer and several special exceptions to the plaintiff's…