G. C. R'y Co. v. G. C. S. R'y Co.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Vm. H. Stewart. April 9, 1884, appellee brought this suit to recover damages, and for injunction to restrain defendant from interfering with appellee in constructing street railroads over certain streets and avenues in the city of Galveston, alleging that plaintiff was duly incorporated in accordance with the general laws of the state of Texas; that it had secured the consent of the city council to construct its lines on…
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Appeal from Galveston. Tried below before the Hon. Vm. H. Stewart. April 9, 1884, appellee brought this suit to recover damages, and for injunction to restrain defendant from interfering with appellee in constructing street railroads over certain streets and avenues in the city of Galveston, alleging that plaintiff was duly incorporated in accordance with the general laws of the state of Texas; that it had secured the consent of the city council to construct its lines on certain streets named; that appellant wrongfully, and without the consent of the city council, also commenced work upon the…
1Opinion of the Court
Watts, J. Com. App.
There is but one way in which a street railway company can be incorporated under the present constitution, and that is by virtue of and in accordance with the general statutes of the state. These companies cannot now be incorporated by special act of the legislature. Const., art. 3, sec. 56; R. S., art. 566, clause 24.
And the right of such company to occupy with its road-bed any particular street is wholly dependent upon the consent of the local authorities who have control of the same. Without the consent of the local authorities having first been obtained, it is not…
2Cases cited3 opinions
- Loupe v. WoodCalifornia Supreme Court · 1877
- City of Detroit v. Detroit City Railway Co.Michigan Supreme Court · 1877
- New York & Harlem Railroad v. Forty-second Street & Grand Street Ferry RailroadNew York Supreme Court · 1864
3Cited by10 opinions
- West Texas Utilities Company v. City of BairdCourt of Appeals of Texas · 1956
- Atchison Street Railway Co. v. NaveSupreme Court of Kansas · 1888
- Missouri Pacific Railway Co. v. BradburyMissouri Court of Appeals · 1904
- Brownsville & Matamoros Municipal Bridge Co. v. Gateway Bridge Co.Court of Appeals of Texas · 1928
- Brownsville Matamors Mun. v. Gateway B.Court of Appeals of Texas · 1928
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