Galveston, Harrisburg & San Antonio Railway Co. v. Borsky

PLEASANTS, Associate Justice.

This is an appeal from a judgment rendered by the County Court of Fort Bend County, at the suit of the appellee, against the appellant. The basis of the suit was alleged injury to the growing crop of plaintiff, resulting from the alleged negligence of defendant in the construction of its roadbed lying near to the lands leased and cultivated by appellee. The plaintiff laid his damages in the sum of $840, and obtained judgment for the sum of $560.

The appellant filed general and special demurrers, and pleaded general denial; and specially denied that its roadbed was…