Legal Opinion

City of Atlanta v. Texas & Pacific Railway Co.

Court of Appeals of Texas

Decided May 27, 1909PublishedCited by 18 opinions

Appeal from the District Court of Cass County. Tried below before Hon. P. A. Turner.

1Opinion of the Court

HODGES, Associate Justice.

This is a suit instituted by the appellant against the appellee to recover penalties provided for in article 549c of the Bevised Civil Statutes, and to compel the appellee to repair and keep in proper condition for use a portion of its roadbed and right of way which is crossed by Thomas Street, alleged to be one of the public streets of the City of Atlanta. The petition alleges that the City of Atlanta ivas incorporated many years ago under the general laws of Texas; that the appellee railway company owns a right of way about 200 feet wide running practically north…

2Cases cited6 opinions

  1. Worthington v. WadeTexas Supreme Court · 1891
  2. Ramthun v. HalfmanTexas Supreme Court · 1883
  3. City of Noblesville v. Lake Erie & Western RailroadIndiana Supreme Court · 1891
  4. St. Louis & San Francisco Railroad v. GordonSupreme Court of Missouri · 1900
  5. City of Duluth v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Anderson v. Tall Timbers Corp.Texas Supreme Court · 1964
  2. Fort Worth & D. S. P. Ry. Co. v. JuddCourt of Appeals of Texas · 1928
  3. Bergman Produce Co. v. BrownCourt of Appeals of Texas · 1914
  4. Ladies' Benev. Soc. of Beaumont v. Magnolia Cemetery Co.Court of Appeals of Texas · 1924
  5. City of Houston v. Cyrus W. Scott Mfg. Co.Court of Appeals of Texas · 1931

13 more not listed; retrieve them via the Exa API.

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