City of San Marcos v. International & G. N. Ry. Co.

This suit was instituted by appellant to recover a penalty of $25 a week from appellee because of a failure to place and keep that portion -of its roadbed and right of way, over or across which Guadalupe street in said city runs in proper condition for the use of the traveling public, due notice having been given that such work was needed. Appellee’s defense as set out in the answer seems to be that, as the city had not done all that was necessary to be done to have the street ready for traffic, it could not compel appellee to perform its part of the-work, and that it would not be compelled…