Legal Opinion

International & Great Northern Railroad v. Railroad Commission

Texas Supreme Court

Decided November 20, 1905No. 1467PublishedCited by 8 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Travis County. The railroad company sued the railroad commission to enjoin the enforcement of its order requiring the construction of connections with the Missouri, K. & T. Ry. at their intersection with • the line of that road, at Italy, Texas. Judgment went for defendant. Plaintiff appealed and on affirmance obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

The following preliminary statement of this ease, found in the opinion of the Court of Civil Appeals, is sufficiently full for the purposes of this opinion:

“In March, 1902, the railroad commission of Texas granted an application made by the International & Great Northern Railroad Company for permission to make an overhead crossing of the track of the Missouri, Kansas & Texas Railway Company of Texas, at Italy, in Ellis County, Texas. A nongrade crossing was made, as authorized, leaving a space of about twenty feet between the rails of the two tracks at the crossing.
“On…

2Cases cited2 opinions

  1. United States v. Oregon & California RailroadSupreme Court of the United States · 1896
  2. Railroad Commission of Texas v. Houston & Texas Central Railway Co.Texas Supreme Court · 1897

3Cited by8 opinions

  1. Underwriters v. Kirby Lumber Co.Texas Commission of Appeals · 1924
  2. Atchison, T. & S. F. Ry. Co. v. Corporation CommissionSupreme Court of Oklahoma · 1914
  3. Carp v. Texas State Board of Examiners in OptometryCourt of Appeals of Texas · 1966
  4. State v. Sugarland Ry. Co.Court of Appeals of Texas · 1914
  5. Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911

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