Legal Opinion
Rainey v. Red River, Texas & Southern Railway Co.
Texas Supreme Court
Decided November 9, 1905No. 1375PublishedCited by 29 opinions
Error to the Court of Civil Appeals for the Second District, in an appeal from Tarrant County. Eainey sued the defendant companies for injunction against a nuisance. The facts were found in his favor, but the trial court refused an injunction. The judgment was affirmed on plaintiff’s appeal, and he thereupon obtained writ of error from the Supreme Court.
1Opinion of the Court
In their opinion the Court of Civil Appeals have made a very full statement of this case, which we adopt and copy:
"Appellant instituted suit to enjoin and restrain the appellees, railway companies, from maintaining and operating their terminal and switch yards, roundhouse, engine house, machine shops, water tank and coal bins, and from using their tracks for switching trains and cars, distributing cars, making up trains, coaling, watering and firing steam engines and locomotives, and from repairing and storing engines in said roundhouse and engine house, within certain defined territory in…
2Cases cited5 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Terminal Co. v. JacobsTennessee Supreme Court · 1902
- Willis v. K. & I. Bridge Co.Court of Appeals of Kentucky · 1898
- Baumann v. C. Reiss Coal Co.Wisconsin Supreme Court · 1903
3Cited by29 opinions
- Schneider National Carriers, Inc. v. BatesTexas Supreme Court · 2004
- Crosstex North Texas Pipeline, L.P., N/K/A Enlink North Texas Pipeline, Lp v. Andrew Gardiner and Shannon GardinerTexas Supreme Court · 2016
- Dudding v. Automatic Gas Co.Texas Supreme Court · 1946
- City of Temple v. MitchellCourt of Appeals of Texas · 1944
- Burnett v. Alabama Power Co.Supreme Court of Alabama · 1916
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