Cincinnati, New Orleans & Texas Pacific Ry. Co. v. Barker

CLAY, Commissioner.

This is a suit in trespass for damage to appellee’s building allegedly caused by appellant’s maintenance and operation of a spur track. The jury awarded appellee $1,-500. On this .appeal the significant question is whether or not appellant was entitled to a directed verdict.

In 1891, under a recorded grant, appellant constructed a spur track on land owned by appellee’s predecessor in title. The initial objective was to provide direct railroad transportation of freight to and from the grantors’ lumber yard, mill and stave works. This spur has been used continuously since the…