Legal Opinion

City of Waxahachie v. Missouri, K. & T. Ry. Co. of Texas

Court of Appeals of Texas

Decided January 8, 1916No. 7439. [fn*]PublishedCited by 3 opinions

Error from District Court, Ellis County; F. 1¡. Hawkins, Judge. Action by the City of Waxahachie against the Missouri, Kansas & Texas Railway Company of Texas. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

This suit was brought by plaintiff in error against defendant in error to recover penalties for the violation of an ordinance of said city requiring all railroads operated through said city to maintain flagmen or gates at certain street crossings in said city. Defendant in error answered by general and special exceptions, and by general denial and special pleas. The exceptions were sustained, and, plaintiff in error refusing to amend, the cause was dismissed, and judgment rendered for defendant in error.

The ordinance of said city of Waxahachie relied on was passed on March 7, 1911, and is as…

2Cases cited5 opinions

  1. Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
  2. Chicago & Alton Railway Co. v. AverillIllinois Supreme Court · 1906
  3. Seibert v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
  4. Muckenfuss v. StateCourt of Criminal Appeals of Texas · 1909
  5. State v. MeagherMissouri Court of Appeals · 1907

3Cited by3 opinions

  1. Hargrave v. Texas & P. Ry. Co.Texas Commission of Appeals · 1929
  2. Texas & P. Ry. Co. v. HargraveCourt of Appeals of Texas · 1927
  3. Texas & P. Ry. Co. v. HargraveCourt of Appeals of Texas · 1927

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