McCammon & Lang Lumber Co. v. Trinity & Brazos Valley Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals, Fifth District, in an appeal from Eavarro County. The lumber company and others sued the railway company for injunction. Demurrer was sustained and the suit dismissed. This judgment was affirmed on appeal by plaintiffs, and thereupon they obtained writ of error.
1Opinion of the CourtJustice Williams
This is an action by plaintiffs in error for an injunction to restrain the defendant in error from constructing its track, which is to be that of a commercial railway for the carriage of passengers and freight, along a public street and alley in the city of Corsicana. A general demurrer to the petition was sustained and the cause was dismissed by the District Court, whose action was affirmed by the Court of Civil Appeals.
The facts alleged on which the questions of law depend may be stated very briefly. Plaintiffs, as lot owners, are the owners in fee of the land over which the street and…
2Cases cited4 opinions
- Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
- G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
- G., C. & Santa Fe R. R. Co. v. EddinsTexas Supreme Court · 1884
- Houston & Texas Central R. R. Co. v. OdumTexas Supreme Court · 1880
3Cited by66 opinions
- DuPuy v. City of WacoTexas Supreme Court · 1965
- Hubler v. City of Corpus ChristiCourt of Appeals of Texas · 1978
- Webb v. DameronCourt of Appeals of Texas · 1949
- Grapotte v. AdamsTexas Supreme Court · 1938
- Hidalgo County Water Improvement Dist. No. 2 v. HolderbaumTexas Commission of Appeals · 1928
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