City of Galveston v. Galveston City R. R. Co.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. The city of Galveston, on the 24th day of May, 1866, made a written contract with certain parties named therein and their successors, under which the Galveston City Eailroad Company was organized and operated. An act of the Legislature was passed, approved October 8, 1866, by which the company was duly incorporated, in accordance with the provisions of said contract.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. The city of Galveston, on the 24th day of May, 1866, made a written contract with certain parties named therein and their successors, under which the Galveston City Eailroad Company was organized and operated. An act of the Legislature was passed, approved October 8, 1866, by which the company was duly incorporated, in accordance with the provisions of said contract. Said act of incorporation, among other things, provided that “ said company shall construct, equip, and run said railroad upon the streets within the limits of…
1Opinion of the Court
Moore, Associate Justice.
The only questions which we are called upon to decide in this case, by the record now before us, as counsel for both parties agree, .are, whether the *438City Railroad Company is liable to the city of Galveston for the expenses incurred by the city in filling up certain portions of the road-bed of said railroad company, and constructing culverts beneath the same, under articles XIII and XV of the contract of May .24, 1866, under which said Galveston City Railroad Company was organized, and its road constructed and operated.
Appellant insists, that by art. XIII of this…
2Cited by11 opinions
- United Steed Co. v. CaseyCourt of Appeals for the Sixth Circuit · 1920
- Foley v. StorrieCourt of Appeals of Texas · 1893
- Hinton v. D'YarmettCourt of Appeals of Texas · 1919
- Galveston City Railway Co. v. NolanTexas Supreme Court · 1880
- Worth Petroleum Co. v. CallihanCourt of Appeals of Texas · 1935
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