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...
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