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BURLINGTON-ROCK ISLAND R. CO. v. NEWSOM

No. 2956.

239 S.W.2d 734 (1951)

BURLINGTON-ROCK ISLAND R. CO. v. NEWSOM et ux.

Court of Civil Appeals of Texas, Waco.

May 3, 1951.

Attorney(s) appearing for the Case

Williford & Emerson, Fairfield, Ellen Victery, Teague, for appellant.

Bowlen Bond, Teague, for appellee.

HALE, Justice.

Appellees, Luther O. Newsom and wife, sued appellant for actual and exemplary damages. Their claims for actual damages were grounded upon allegations that appellant had permitted Johnson grass to mature and go to seed on its right-of-way during 1948 and 1949 and had failed to construct and maintain its roadbed, tracks and a certain culvert thereunder in such manner as to carry surface waters resulting from...

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