Childers v. Texas N. O. R. Co.

BAUGH, Justice.

Appellant sued the appellee for statutory penalties and damages to his farm caused by appellee’s permitting Johnson grass to mature and go to seed on its right of way in Burnet county, and thereby spread upon and infest appellant’s farms contiguous thereto. After the close of the evidence both of appellant and appellee, the trial court instructed the jury to yeturn a verdict for appellee and entered judgment accordingly, hence this appeal.

Appellant’s petition sought recovery on two counts: First, for penalties provided in article 6401, R.S.1925, from 1927 to 1933, on the ground…