City of Houston v. Fort Worth & Denver Railway Co.

PEDEN, Justice.

The City of Houston appeals from the dismissal of its application for an injunction to order the railroad to relocate its telegraph lines at the City’s expense to allow enough clearance for putting a new street across the railroad’s tracks. The City also brought, in the alternative, an action in eminent domain for a temporary easement to enter the railroad’s right-of-way to relocate the telegraph lines. The trial court sustained the railroad’s plea to the jurisdiction. Appellant asserts error because this suit may be brought in the district court under Article 3269, Vernon’s…