Texas Power & Light Co. v. Brownwood Public Service Co.

This is the second appeal of this case. The first appeal, reported in Tex. Civ. App. 87 S.W.2d 557, was from an order refusing a temporary injunction. This appeal is from a like refusal by the trial court after a hearing on the merits.

The city council of Brownwood, a home rule city of more than 10,000 inhabitants, granted to R. O. Matthews a proposed franchise to use and occupy the streets of that city for the operation of a light and power plant. This franchise was assigned by him to the Brownwood Public Service Company, a corporation. Within 20 days after the last publication, which was on…