Compton v. Waco Bridge Co.
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. L. C. Alexander. This was a suit by the Bridge Company against Compton, then the marshal of the city of Waco, seeking to perpetually enjoin him from executing an ordinance of the city of Waco, which is as follows : “ Ordered that the marshal be and is hereby instructed and authorized to proceed at once to remove any and all obstructions that may exist in Elm and Washington streets that in any way prevent the public from free…
Read the full summary
Appeal from McLennan. Tried below before the Hon. L. C. Alexander. This was a suit by the Bridge Company against Compton, then the marshal of the city of Waco, seeking to perpetually enjoin him from executing an ordinance of the city of Waco, which is as follows : “ Ordered that the marshal be and is hereby instructed and authorized to proceed at once to remove any and all obstructions that may exist in Elm and Washington streets that in any way prevent the public from free access to and crossing the river at the points heretofore used as public fords,” alleging that by virtue of its charter…
1Opinion of the Court
Watts, J. Com. App.
It becomes necessary in the disposition of this appeal to determine the question as to the power of the city *718council to adopt the ordinance directing the city marshal to remove all obstructions from certain streets and ways. At the time this ordinance was adopted, the charter among other things empowered the council “To make regulations to secure the general health of the inhabitants and to prevent and remove nuisances. To open, alter, abolish, -widen, extend, establish, grade, pave or otherwise improve, clean and keep in repair streets, lanes, avenues or alleys. To provide…
2Cases cited1 opinion
- Daublin v. Mayor of New-OrleansSupreme Court of Louisiana · 1810
3Cited by19 opinions
- Seaway Co. v. Attorney General of the StateCourt of Appeals of Texas · 1964
- Texas & P. Ry. Co. v. ScottCourt of Appeals for the Fifth Circuit · 1896
- Joseph v. City of AustinCourt of Appeals of Texas · 1936
- City of Beaumont v. Matthew Cartwright Land & Improvement Co.Court of Appeals of Texas · 1920
- City of Beaumont v. Gulf States Utilities Co.Court of Appeals of Texas · 1942
14 more not listed; retrieve them via the Exa API.