San Antonio & Aransas Pass Railway Co. v. Burns

On August 5, 1902, the appellees brought this suit against the railway company to recover damages for injury to their lands, alleged to have been due to the negligence of the defendant in permitting Johnson grass to go to seed on its right of way, and permitting its communication to plaintiffs' land by the flow of the surface water from the right of way thereon. They also sought to recover the penalty prescribed by the legislative Act of April 18, 1901, familiarly known as the "Johnson Grass Statute."

The defendant answered by general denial, and specially pleaded that it owned in fee simple…