Legal Opinion

Kansas City, Mexico & Orient Railway Co. v. State

Texas Supreme Court

Decided February 11, 1914No. 2555PublishedCited by 4 opinions

Enor to the Court of Civil Appeals, Third District, in an appeal from Travis County. • The State sued the railway company and had judgment awarding a mandatory injunction. It was affirmed on appeal by defendant, who thereupon obtained writ of error.

1Opinion of the CourtChief Justice Bbowu

For statement of the case we copy from the carefully prepared opinion of Judge Bice as follows:

“This suit was brought by the State of Texas, through its Attorney General, in the District Court of Travis County, on the 7th of July, 1911, against appellant for a writ of mandamus or mandatory injunction to compel it to construct its line of railway through the town of Sherwood, the county seat of Irion County, and establish and maintain a depot therein, and for a penalty of $5000 for having wilfully failed and refused to do so, alleging that said company had constructed its road within less than…

2Cases cited5 opinions

  1. Calhoun v. LanauxSupreme Court of the United States · 1888
  2. Palestine Water & Power Co. v. City of PalestineTexas Supreme Court · 1898
  3. Muller v. NortonSupreme Court of the United States · 1889
  4. Miller v. G., C. & S. F. R'y Co.Texas Supreme Court · 1886
  5. Felton v. Kansas City, M. & O. Ry. Co.Court of Appeals of Texas · 1912

3Cited by4 opinions

  1. City of Palestine v. City of HoustonCourt of Appeals of Texas · 1924
  2. City of San Antonio v. San Antonio Irrigation Co.Texas Supreme Court · 1929
  3. Advance-Rumely Thresher Co. v. MossCourt of Appeals of Texas · 1919
  4. State v. St. Louis S. W. Ry. Co. of TexasCourt of Appeals of Texas · 1917

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