Armour & Co. v. City of Dallas
Supreme Court of the United States
APPEAL FROM THE DISTRICT' COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was a direct appeal from á decree of the District Court which dismissed, upon the merits, a bill brought by the appellants to enjoin, upon constitutional grounds, the removal of certain railway tracks in the City'of Dallas. The facts are stated in the opinion.
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APPEAL FROM THE DISTRICT' COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was a direct appeal from á decree of the District Court which dismissed, upon the merits, a bill brought by the appellants to enjoin, upon constitutional grounds, the removal of certain railway tracks in the City'of Dallas. The facts are stated in the opinion. Their argument on the principal point decided was expressed as follows: The fact, if it be a fact, that the continued use of Pacific Avenue by the Railway Company by the running of a hundred heavy trains over it every twenty-four hours is…
1Opinion of the Court
Mr. Justice Brandéis
delivered the opinion of the court.
In 1872 the Texas and Pacific Railway Company built its single track main line to the west on a street in the village of Dallas, then as now called Pacific Avenue. In 1890 the City granted to the Company a fifty-year franchise to double track its railroad on that street. In the latter year the population of Dallas was 35,057; now it is 158, 976; 1 and the existence and operation of the rail road on. the Avenue has become a serious menace to life and limb, a great inconvenience to the whole people,! burdensome to the Railway, and an injury…
2Cases cited4 opinions
- Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Beasley v. Texas & Pacific Railway Co.Supreme Court of the United States · 1903
- Denver & Rio Grande R. Co. v. City and County of DenverSupreme Court of the United States · 1919
3Cited by7 opinions
- Eldredge v. Mill Ditch Co.Oregon Supreme Court · 1919
- State Public Utilities Commission ex rel. East St. Louis Stone Co. v. Terminal RailroadIllinois Supreme Court · 1917
- Seaboard Air Line Ry. Co. v. Atlanta, B. & CR Co.Court of Appeals for the Fifth Circuit · 1929
- St. Louis-San Francisco Ry. Co. v. LawrenceDistrict Court, N.D. Oklahoma · 1928
- Alabama Public Service Commission v. Southern Railway Co.Supreme Court of the United States · 1951
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