Houston Belt & Terminal Railway Co. v. Texas & New Orleans Railroad

The Court of Civil Appeals has affirmed a judgment on the merits in favor of respondent which the trial court entered at the conclusion of the hearing on respondent’s application for a temporary injunction. 279 S.W. 2d 386. We have concluded that the trial court thereby rendered an improper judgment within the meaning of the harmless error rule, and that the judgment of the Court of Civil Appeals must be reversed.

Many years ago Texas and New Orleans Railroad Company, respondent, and International-Great Northern Railroad Company made a contract for the joint operation of certain railroad…