Gulf, Colorado & Santa Fe Railway Co. v. Fort Worth & New Orleans Railway Co.
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. E. E. Beckham. On May 13, 1886, in pursuance of the fiat of Hon. J. M. Hall, judge of the eighteenth judicial district, an injunction was issued in cause number 3599, in the district court of Tarrant county, the Gulf, Colorado & Santa Fe Eailway Company, plaintiff, v. the Fort Worth & ¡New Orleans Eailway Company, defendant, and served on the defendant, restraining it from entering on certain right of way of plaintiff, therein…
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Appeal from Tarrant. Tried below before the Hon. E. E. Beckham. On May 13, 1886, in pursuance of the fiat of Hon. J. M. Hall, judge of the eighteenth judicial district, an injunction was issued in cause number 3599, in the district court of Tarrant county, the Gulf, Colorado & Santa Fe Eailway Company, plaintiff, v. the Fort Worth & ¡New Orleans Eailway Company, defendant, and served on the defendant, restraining it from entering on certain right of way of plaintiff, therein described; from constructing a railroad track or tracks thereon, except across the main track of^ plaintiff at as near…
1Opinion of the Court
Gaines, Associate Justice.
The Gulf, Colorado & Santa Fe Railway Company, who are complainants in this proceeding, brought suit in the district court of Tarrant county against the Fort Worth & New Orleans Railway Company, one of the respondents herein, to enjoin it from building its railroad across, complainant’s track and along its right of way in a certain manner specifically stated in the petition. A fiat for a preliminary injunction having been obtained, the petition was filed and writ issued on the thirteenth day of May, 1886. At the term of *103the court next ensuing, a motion was made to…
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