City of Galveston v. Galveston City R. R. Co.

Citations

• 46 Tex. 435

Syllabus

<p>1. Construction of contract.—An obligation by the railroad company, that it “ shall at all times keep the road-bed of said railroad in good repair, and shall keep said road-bed up to the level of the streets; in no case shall said road-bed be above or below the city grade of the streets, after said streets shall have been graded by the city,”—does not oblige the railroad company to fill up the streets beneath its track, so as to keep its road-bed on a level with the street on each side of the track.</p> <p>2. Same.—Such obligation merely required the road to be kept in good repair, and did not bind the company to contribute to the expense of grading the streets, but merely to conform to and keep the level of the road-bed to that of the streets, when graded.</p> <p>3. Release by city council.—It is competent for a city council, when a charter authorizes a railroad company to build the road “ under such conditions and ordinances as the mayor and aldermen of said city may provide and require,” to release the railroad company from an obligation “to construct and keep in good repair all cross-culverts whenever the same may be required under their rail-tracks.”</p> <p>4. Same.—Both parties having acted upon an ordinance, is sufficient reason for its support.</p> <p>5. Estoppel—Voluntary expenditure.—The voluntary labor and expenditure by a city upon a work, the performance of which, by the railroad company, had been released, without calling upon the company to do the work, will not sustain an action, by the city, for labor and expenditure which were voluntary, even if the release by the city was without consideration.</p> <p>6. If a contract has been obtained by mistake, or if through change of circumstances it is deemed to operate oppressively, an agreement to make an additional compensation, or to annul or modify it, is not invalid for want of consideration.</p>