Wichita Falls, R. & Ft. W. Ry. Co. v. Sparks

Appellee, Sparks, brought suit against appellant, Wichita Falls, Ranger & Fort Worth Railway Coupany, to recover penalties and damages under the provisions of R. S. 1925, art. 6401, authorizing such recovery in favor of the owner of contiguous lands against a railroad or railway company or corporation for permitting Johnson grass to mature or go to seed upon its right of way. Penalties were claimed amounting to $25 a year for each of the years 1925 (subsequent to June 25, 1925), 1926, and 1927, and also damages to the land in the sum of $5,000. A jury in response to special issues found that…