San Antonio & Aransas Pass Railway Co. v. Grier

FLY, Associate Justice.

This suit was instituted in the County Court of Wilson County to recover actual and exemplary damages for fencing up a right of way through the land of appellee so as to cut off his cattle from water and grass. There was a trial by jury resulting in a verdict and judgment for $300 actual and $100 exemplary damages in favor of appellee.

On a former appeal of this case the judgment was reversed because it appeared from the .record that the railway company had owned the right of way prior to the passage of the Act o"f 1887, which required that at least one opening shall he…