Markham v. H. & T. C. R. R.
This text of 1 White & W. 35 (Markham v. H. & T. C. R. R.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion by
§ 81. Road crossing railroad; what is a public road. A road within the meaning of art. 4891, Pas. Dig. (R. S. art. 4232), is a road dedicated to the public use, or commonly used and traveled by the public, and the character of the road may be established as public by evidence of long continued use as such. [McWhorter v. State, 43 Tex. 666.]
§ 82. Estoppel. Where a railroad company has recognized a road which crosses its line of railway as a public road by establishing and keeping up a crossing thereon, it will not be permitted to question the public character of such road.
Reversed and remanded.
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1 White & W. 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/markham-v-h-t-c-r-r-texapp-1880.