Houston & Texas Central Railroad v. City of Dallas
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District. The city of Dallas sued the railway company for mandamus to compel its compliance with city ordinances regulating the grade of street crossings. Exceptions were sustained to the answer of defendant, and judgment rendered against it on its declining to amend. Defendant appealed, and on affirmance of the judgment obtained writ of error from the Supreme Court.
1Opinion of the Court
WILLIAMS, Associate Justice.
Section 54 of the charter of the city of Dallas gave to the city council control and power over the streets, alleys, crossings and highways of the city and power to abate or remove all encroachments or obstructions thereon; to open, widen, extend, regelate, grade, pave the streets and to protect same from encroachments ' and injury of any kind whatsoever.
Section 59 conferred power to regulate, establish and change the grade of all sidewalks, streets and premises, and to require and compel the filling up and raising same.
Section 113 gave authority “to direct and…
2Cases cited13 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Holden v. HardySupreme Court of the United States · 1898
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and RegulationTexas Supreme Court · 2015
- Brown v. Humble Oil & Refining Co.Texas Supreme Court · 1935
- Railroad Commission of Texas v. Shell Oil Co.Texas Supreme Court · 1942
- State v. City of AustinTexas Supreme Court · 1960
- Stearnes v. ClintonCourt of Criminal Appeals of Texas · 1989
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