Legal Opinion

Kansas City, M. & O. Ry. Co. of Texas v. State

Court of Appeals of Texas

Decided February 15, 1913PublishedCited by 10 opinions

Appeal from District Court, Travis County; George Calhoun, Judge. Action by the State against the Kansas City, Mexico & Orient Railway Company of Texas. From a judgment in favor of the State, defendant appeals.

1Opinion of the Court

Statement of the Case.

RICE, J.

This suit was brought by the state of Texas, through its Attorney General, in the district court of Travis county, on the 7th of July, 1911, against appellant for a writ of mandamus or mandatory injunction to compel it to construct its line of railway through the town of Sherwood, the county seat of Irion county, and establish and maintain a depot therein, and for a penalty of $5,000 for having willfully failed and refused to do so, alleging that said company had constructed its road within less than three miles of said town (which is unincorporated, containing…

2Cases cited14 opinions

  1. Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
  2. State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
  3. Payne v. BenhamTexas Supreme Court · 1856
  4. Riesner v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1896
  5. State ex rel. Mattoon v. Republican Valley RailroadNebraska Supreme Court · 1885

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Durham v. ScrivenerCourt of Appeals of Texas · 1923
  2. Kaw Valley Drainage District v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1916
  3. American Exchange Nat. Bank of Dallas v. KeeleyCourt of Appeals of Texas · 1931
  4. Smith v. BlantonCourt of Appeals of Texas · 1922
  5. Northwest Engineering Co. v. Chadwick Machinery Co.Court of Appeals of Texas · 1936

5 more not listed; retrieve them via the Exa API.

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