San Antonio Street Railway Co. v. State Ex Rel. Elmendorf
Texas Supreme Court
Error to Court of Civil Appeals, Fourth District, in an appeal from Bexar. Action by the State, on relation of Elmendorf and others, for writ of mandamus to compel the street railway company to resume operation of a portion of its line, which it had abandoned. Plaintiff obtained the writ sought. Defendant appealed, and, on the judgment being affirmed by the Court of Civil Appeals, obtained writ of error.
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Error to Court of Civil Appeals, Fourth District, in an appeal from Bexar. Action by the State, on relation of Elmendorf and others, for writ of mandamus to compel the street railway company to resume operation of a portion of its line, which it had abandoned. Plaintiff obtained the writ sought. Defendant appealed, and, on the judgment being affirmed by the Court of Civil Appeals, obtained writ of error. On a former trial exceptions to the petition were sustained, and this ruling was, on appeal by the State, reversed by the Court of Civil Appeals. (30 S. W. Rep., 266.) The petition then…
1Opinion of the Court
GAINES, Chief Justice.
This case arose by a petition filed in the name of the State of Texar: upon the relation of Henry Elmendorf and others to compel the plaintiff in error to operate a part of its lines, upon which it had ceased to run its cars. Demurrers to the petition were overruled, and exceptions to the answer of respondent were sustained, and thereupon the peremptory writ was awarded as prayed for in the petition. This judgment was affirmed upon appeal, and to the judgment of affirmance this writ of error has been granted.
The first question is: Did the facts alleged authorize the…
2Cases cited7 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- City of Potwin Place v. Topeka Railway Co.Supreme Court of Kansas · 1893
- Tugwell & Madison v. Eagle Pass Ferry Co.Texas Supreme Court · 1888
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3Cited by17 opinions
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
- State ex rel. Grinsfelder v. Spokane Street-Railway Co.Washington Supreme Court · 1898
- Weld v. Board of Gas & Electric Light CommissionersMassachusetts Supreme Judicial Court · 1908
- Selectmen of Amesbury v. Citizens Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- International Water Co. v. City of El PasoCourt of Appeals of Texas · 1908
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