International-Great Northern R. v. Lee

This appeal is from an award by the trial court, sitting without a jury, of $250 in damages to the appellees as for physical injuries to their nearby building, caused within two years before the filing of the suit by appellant’s daily operation — for the first time since the building of the line — on its railway tracks less than 100 feet away of large Mogul engines in such an unnecessary way as to jar, dislocate, and crack the walls of the house; in entering the adverse judgment the court specifically found, however, that the injuries so inflicted had neither been oí an irremediable nor…