G. C. S. F. Ry. Co. v. F. W. R. G. Ry. Co.

Plaintiff and defendant are railway companies, duly incorporated under the laws of this State. In 1891 plaintiff had constructed and was operating a line of railway through Brown County, and through or near the town of Brownwood, and had acquired, owned, and was in the possession and use of the land described, operating its railway thereon.

The defendant was engaged in constructing a line of railway through the same county and town, in a direction to cross plaintiff's road at said town of Brownwood. On the 27th of July, 1891, defendant presented to the county judge of Brown County an…