Texas N. O. R. Co. v. Millard

GRISSOM, Justice.

J. W. Millard sought, and obtained, a writ of mandamus compelling the defendant Railroad Company to build and maintain a private crossing for plaintiff over its track and right of way. Plaintiff also sought damages, which were denied. Defendant has appealed.

The evidence shows plaintiff owns a tract of land near Nacogdoches, bounded on the west by State Highway 59. This tract, consisting of approximately 200 acres, is bisected by defendant’s railroad track, which runs east and west across plaintiff’s land. About a mile and a half south of plaintiff’s home, which is on the…