Galveston City Surf Bathing Co. v. Heidenheimer
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. In July, 1881, the city council of Galveston gave its consent that John Bailey use and occupy exclusively the shore and surf of the gulf, between Tenth and Thirtieth streets, for the purpose of constructing thereon public bath houses, and to use the same for the period of ten years.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. In July, 1881, the city council of Galveston gave its consent that John Bailey use and occupy exclusively the shore and surf of the gulf, between Tenth and Thirtieth streets, for the purpose of constructing thereon public bath houses, and to use the same for the period of ten years. The appellant sued, alleging that it was the assignee of John Bailey and succeeded to all his rights under the lease, which was fully set forth. The consideration of the lease was alleged to be the expense and the risk to be incurred by the lessees…
1Opinion of the Court
Watts, J. Com. App.
This, appeal involves the question as to the power of the council of the city of Galveston to grant exclusive *562rights to the shore and lands covered by the waters of the Gulf of Mexico adjoining the city, and commonly known as the surf.
The limits of the city along the gulf front are defined by the charter as follows: “That the limits of said city shall embrace so much of Galveston Island from the point thereof on the east to Fifty-sixth street, or include the league and labor of land known as the Menard grant.”
This grant to Menard, to ivhich reference is made in the charter,…
2Cases cited2 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Mayor of Galveston v. MenardTexas Supreme Court · 1859
3Cited by14 opinions
- State of Texas v. BradfordTexas Supreme Court · 1932
- Luttes v. StateTexas Supreme Court · 1958
- Diversion Lake Club v. HeathTexas Supreme Court · 1935
- City of Galveston v. MannTexas Supreme Court · 1940
- Humble Oil & Refining Co. v. Sun Oil CompanyCourt of Appeals for the Fifth Circuit · 1951
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