St. Louis Southwestern Railway Co. v. Gilbert

Mb. Presiding Judge SPENCER

delivered the opinion of the Commission of Appeals, Section A.

According to the certificate of the Court of Civil Appeals, H. C. Gilbert, appellee, owned certain pasture land consisting of about forty acres, enclosed by a fence, located and situated near the town of Smithfield in Tarrant County, Texas. The St. Louis, Southwestern Railway Company of Texas, appellant, owns a right of way and track crossing the enclosed pasture land of appellee, dividing it into two parts.

The right of way and track were fenced on either side, with the exception of an open crossing on…