State v. Enid, Ochiltree & Western Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Travis County. The State sued the railway company and others, the purchasers of its property and franchises at receiver’s sale, and obtained injunction restraining the defendants from tearing up and abandoning a part of the railway. The judgment was reversed and rendered for defendants on their appeal, and the State obtained writ of error.
1Opinion of the CourtJustice Yartis
The suit was by the State of Texas against the defendants in error, and its purpose was to perpetually enjoin the latter from taking up> and removing the rails and ties on the Enid, Ochiltree & Western Railway from Dalhart to Wilcoe, a distance of thirteen miles. Said railway company had been granted a charter by the State of Texas for the purpose of constructing, maintaining and operating a railway from Dalhart to Ochiltree, a distance of about 165 miles. All of the right-of-way, with the exception of a very few miles, had been secured, and the embankment for the roadbed had been constructed…
2Cases cited6 opinions
- International & Great Northern Railway Co v. Anderson CountyTexas Supreme Court · 1913
- Gulf, Colorado & Santa Fe Railway Co. v. CrawfordTexas Supreme Court · 1887
- Gulf, Colorado & Santa Fe Railway Co. v. NewellTexas Supreme Court · 1889
- State v. Sugarland Ry. Co.Court of Appeals of Texas · 1914
- Texas Southern Railway Co. v. HarleTexas Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Railroad Commission of Texas v. Eastern Texas RailroadSupreme Court of the United States · 1924
- Missouri-Kansas-Texas Railroad Co. v. FowlerCourt of Appeals of Texas · 1956
- Texas v. Eastern Texas R.District Court, W.D. Texas · 1922
- Railroad Commission v. Texas & N. O. R.Court of Appeals of Texas · 1946
- Missouri-Kansas-Texas Railroad Co. v. FowlerCourt of Appeals of Texas · 1956