Texas Supreme Court March 16, 1883, Case No. 1590 (G., C. & S. F. R'y Co. v. Donahoo)

Stayton, Associate Justice. —

■ This action was brought by Jerusha Donahoo, joined by her husband, to recover damages for injury to land, her separate property, by the construction of the defendant’s railway thereon; she alleging not only the unauthorized use of her land' for the railway, but also that the railway was so constructed as to cause her land to be overflowed and thereby rendered less