Roaring Springs Townsite Co. v. Paducah Telephone Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Seventh District, in an appeal from Cottle County. The Townsite Co. sued the Telephone Co. for injunction, and appealing from a judgment for defendant, obtained writ of error on its affirmance.
1Dissent
DISSENTING OPINION.
Mr. Justice HAWKINS
delivered the'following dissenting opinion:
A dedication of streets and alleys is operative even in the absence of formal acceptance of the grant. The attempted reservation of rights in the dedicated streets and alleys is void, because in conflict with the broader purpose and with the terms of the grant, and because contrary to public policy as reflected by B. S., art. 3231. To such streets that statute applies, and over them it gives right of way, to “corporations created for the purpose of constructing and maintaining magnetic telegraph lines.”
The quoted…
2Cases cited4 opinions
- City of Brownwood v. Brown Telegraph & Telephone Co.Texas Supreme Court · 1913
- Adams & Wickes v. San Angelo Water Works Co.Texas Supreme Court · 1894
- San Antonio & Aransas Pass Railway Co. v. Southwestern Telegraph & Telephone Co.Texas Supreme Court · 1900
- Smith v. WorthamTexas Supreme Court · 1913