Home/Court of Appeals of Texas/Galveston & W. Ry. Co. v. City of Galveston

Galveston & W. Ry. Co. v. City of Galveston

137 S.W. 724, 1911 Tex. App. LEXIS 252
CourtCourt of Appeals of Texas
DecidedMay 9, 1911
StatusPublished
Cited by19 cases

This text of 137 S.W. 724 (Galveston & W. Ry. Co. v. City of Galveston) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galveston & W. Ry. Co. v. City of Galveston, 137 S.W. 724, 1911 Tex. App. LEXIS 252 (Tex. Ct. App. 1911).

Opinion

REESE, J.

This is an appeal from an interlocutory order of the district court of Galveston county refusing a temporary injunction, upon petition of the Galveston & Western Railway Company, enjoining the city of Galveston from interfering with the plaintiff in laying its track along a relocation of its line across certain streets and alleys of the city, connecting its line on Avenue N with its line on Ninth street, in said city. Upon filing the petition, the application for a temporary injunction was set down for a hearing, and notice given to defendant. Defendant filed its answer, under oath, and the application was heard on petition, answer, and supporting and controverting affidavits. The district court refused to grant the temporary injunction, and from this order plaintiff prosecutes this appeal under the provisions of the act of 1907 (chapter 107), as amended by the Act Ex. Sess. of 1909, c. 34, authorizing appeals in such cases.

The following facts deduced from the allegations of the petition and answer, and the statements of the accompanying affidavits, are sufficient to explain the questions arising on this appeal, prefacing them with the following sketch, showing the old, and proposed new, location of appellant’s tracks on Avenue N and Ninth street, and the connection between the two.

*725

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McCan v. Missouri Pacific Railroad
526 S.W.2d 754 (Court of Appeals of Texas, 1975)
Houston Belt & Terminal Railway Co. v. Texas & New Orleans Railroad
279 S.W.2d 386 (Court of Appeals of Texas, 1955)
Southwestern Associated Tel. Co. v. City of Dalhart
254 S.W.2d 819 (Court of Appeals of Texas, 1952)
Kane v. Gulf, C. & S. F. Ry. Co.
176 S.W.2d 965 (Court of Appeals of Texas, 1943)
Morgan v. Smart
88 S.W.2d 769 (Court of Appeals of Texas, 1935)
Williams v. Sinclair Prairie Oil Co.
87 S.W.2d 892 (Court of Appeals of Texas, 1935)
Coffee v. Borger State Bank
38 S.W.2d 187 (Court of Appeals of Texas, 1931)
Watt v. State
33 S.W.2d 744 (Court of Appeals of Texas, 1930)
Welsh v. Carter
30 S.W.2d 354 (Court of Appeals of Texas, 1930)
Griffith v. State
19 S.W.2d 377 (Court of Appeals of Texas, 1929)
James v. E. Weinstein & Sons
12 S.W.2d 959 (Texas Commission of Appeals, 1929)
City Council of Fort Worth v. Fort Worth Associated Master Plumbers & Heating Contractors, Inc.
8 S.W.2d 730 (Court of Appeals of Texas, 1928)
Galveston & W. Ry. Co. v. City of Galveston
186 S.W. 368 (Court of Appeals of Texas, 1916)
McFaddin v. Wiess
168 S.W. 486 (Court of Appeals of Texas, 1914)
Mackay Telegraph & Cable Co. v. City of Texarkana
199 F. 347 (W.D. Arkansas, 1912)
Ort v. Bowden
148 S.W. 1145 (Court of Appeals of Texas, 1912)
Montgomery County Development Co. v. Miller-Vidor Lumber Co.
139 S.W. 1015 (Court of Appeals of Texas, 1911)

Cite This Page — Counsel Stack

Bluebook (online)
137 S.W. 724, 1911 Tex. App. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galveston-w-ry-co-v-city-of-galveston-texapp-1911.