Beasley v. Texas & Pacific Railway Co.

Citations

• 191 U.S. 492
• 24 S. Ct. 164
• 48 L. Ed. 274
• 1903 U.S. LEXIS 1419

Syllabus

<p>A railroad company on receiving from the plaintiff a conveyance of ’and for its road agreed for itself and its assigns, not to build a depot ■within three miles of one which it built on the land conveyed. Subsequently It sold its road to.defendant which proposed to build a station within the three miles, in pursuance, as was admitted, of an order of the State Railroad Commission. '</p> <p>Held that the injunction should not issue.</p> <p>Quaere whether the burden of the contract passed to the defendant.</p> <p>Whether a railroad station shall be built in a certain place is a question involving public interests.</p> <p>If it appears to the court that it would be against public policy to issue an injunction against a railroad corporation the court may properly refuse to be made an instrument for such a result whatever the pleadings in the case may be.</p>