Legal Opinion
City of San Marcos v. International & G. N. Ry. Co.
Court of Appeals of Texas
Decided May 1, 1918No. 6023Published
Appeal from District Court, Hays County; Frank S. Roberts, Judge. Action by the City of San Marcos, against the International & Great Northern Railway Company and others; dismissed as to the Company, and prosecuted against James A. Baker, as receiver of such Company. Judgment dismissing the action, and the City appeals.
1Opinion of the CourtMoursund, J.
This is an action by the city of San Marcos to collect statutory penalty under article 1068,' R. S. 1911,' which reads as follows:
“It shall be the duty of every railroad company in this state to place and keep that portion of its roadbed and right of way over or across which any public street of any incorporated town or village may run, in proper condition for the use of the traveling public; and, in case of its failure to do so for thirty days after written notice given to the section boss of the section where such work or repairs are needed, by the town marshal of such town or village, it…
2Cases cited4 opinions
- Turner v. Cross and Eddy, ReceiversTexas Supreme Court · 1892
- Clark v. DyerTexas Supreme Court · 1891
- International & Great Northern Railway Co. v. BenderTexas Supreme Court · 1894
- Bonner and Eddy v. Franklin Co-Operative Assn.Court of Appeals of Texas · 1893