Texas & Pacific Railway Co. v. Ford

WILLSON, Chief Justice.

—Appellant’s line of railroad ran east and west on an embankment three or four feet high, constructed for the purpose along the south boundary line of a tract of land, containing nine acres, belonging to appellee. The. natural lay of the land, appellee contended, caused it to drain south and southeast. When appellant constructed its roadbed in 18— it left an opening about twenty-eight feet long in the embankment, and across the opening constructed a bridge or trestle. The opening so left was sufficient as a passway to the south side of its track for all the water…