International & Great Northen Railroad v. Voss

Citations

• 109 S.W. 984
• 49 Tex. Civ. App. 566
• 1908 Tex. App. LEXIS 133

Syllabus

<p>1. —Johnson Grass Act — Repeated Violations — Act Construed.</p> <p>Under the, provisions of the statute commonly known as the “Johnson Grass Act” (Gen. Laws 1901, p. 283) a railroad company is liable for the penalties therein prescribed whenever and as often as it permits Johnson grass to mature and seed on its right of way. One recovery is not a bar for all time to any other recovery for a violation of said statute.</p> <p>2. —Penal Statutes — Construction.</p> <p>While penal statutes should, as a rule, be strictly construed, still this rule should not be carried to the extent of defeating the obvious intention of the Legislature. The intention of the Legislature should govern in the construction of such statutes, as well as others, and the words should be given such sense as will harmonize best with the context and promote in the fullest manner the apparent policy and object of the law.</p> <p>3. —Johnson Grass Act — Permitting Grass to Mature on Adjacent Land.</p> <p>Where a railroad company is sued for permitting Johnson grass to mature and seed on its right of way for five successive years, and the judgment is for. only two penalties, and the evidence showed that the plaintiff permitted Johnson grass to mature on his own land for two of the years, it will be assumed, in support of the judgment that the penalties were for years during which the grass did not mature on plaintiff’s land.</p>