T.M. Ry. Co. v. S.W. Tel. Tel. Co.

This suit was instituted on the 12th day of August, 1898, in the District Court of Hunt County, by the Texas Midland Railroad, against the Southwestern Telegraph and Telephone Company, to enjoin and restrain said company from erecting and constructing a telegraph and telephone line on the right of way of said railroad. The defendant filed its answer on September 11, 1899, and on November 15, 1899, a trial was had and a judgment rendered by the court denying to plaintiff the injunction as prayed for. From this judgment plaintiff has duly prosecuted this appeal.

The record shows that the…