Compton v. Waco Bridge Co.

Citations

• 62 Tex. 715
• 1883 Tex. LEXIS 381

Syllabus

<p>1. Ordinance.—The city council of Waco adopted an ordinance directing the marshal to remove all obstructions from certain highways in the city, which prevented free access to certain fords on the river. Held, the council had the power to adopt the ordinance.</p> <p>2. Same—Public commons.— The city council granted the right to the bridge company, for the term of twenty-five years, to the use of so much of the “reserve” or “common” as was necessary for anchorage of the bridge, keeper’s house and stock pens. Held, that this did not authorize the bridge company to use the “reserve” or “common,” so as to close the highways leading across the same to the fords, and that it did not authorize such use of the “reserve” by the company as to practically exclude the public therefrom.</p> <p>3. City charter construed.— By act of the legislature amending the charter of the city of Waco, the chartered rights of the Waco Bridge Company were preserved intact. Held, that the act did not confer any additional power upon the company, but that its effect was to protect its chartered rights then existing.</p> <p>4. Same.— By the same act, complete power was conferred upon the city council over the commons and other property belonging to the city, and to alienate, sell and transfer the same, subject only to the conditions, if any, on which the property was held. The claim that this authorized the city council to dispose of the “ reserve ” is held not to be well founded, as by the deed conveying the “reserve” to the-city it was expressly declared that it was for the sole use and benefit of the city.</p> <p>5. Prescription—Fact case. — See opinion for facts held sufficient to show a right to a ford, and way leading to and from it, by dedication and prescription.</p> <p>6. Cities and towns.—- The city council would have power to open and extend streets to the river, so as to accommodate the inhabitants of the city and general public.</p> <p>7. Charter construed.—: The bridge company’s ch