City of San Marcos v. International & G. N. Ry. Co.
Court of Appeals of Texas
Appeal from District Court, Hays County; Frank S. Roberts, Judge. Action by the International & Great Northern Railway Company against the City of San Marcos. From a judgment granting relief, defendant appeals.
1Opinion of the Court
Findings of Fact.
JENKINS, J.
Appellee’s railway runs through the incorporate boundaries of appellant. Appellant desired to extend one of its streets across appellee’s right of way and railway track, and, being unable to agree with appellee as to damages for same, instituted condemnation proceedings, and condemned a strip of land 40 feet wide across said right of way and railway track for street purposes, and paid the amount awarded in the condemnation proceedings. After-wards appellant gave appellee notice, as required by law (R. S. 1068) to place its roadbed and right of way over which said…
2Cases cited7 opinions
- Sumner v. CrawfordTexas Supreme Court · 1897
- City of Victoria v. SchottCourt of Appeals of Texas · 1895
- Pullman Palace Car Co. v. SmithTexas Supreme Court · 1890
- Crawford v. WingfieldTexas Supreme Court · 1860
- Texas & Pacific Railway Co. v. KutemanTexas Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davenport v. Railroad CommissionCourt of Appeals of Texas · 1935
- Winn v. DyessCourt of Appeals of Texas · 1914
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915