Gulf, Colorado & Sante Fe Railway Co. v. Ellis

Gaines, Associate Justice.

This suit involves mainly the same questions presented in that of this appellant against J. C. Rowland, this day decided. The counsel are the same in the two cases, and recognizing the fact that many of the same points are presented by the two appeals, they have submitted them together. The facts were admitted, and are substantially alike in both cases, with this exception, that in the former the ■crossing was demanded in Rowland’s inclosure, and in the present case the demand was for a crossing on appellee’s land ■at a point outside of any inclosure.

We are of…