East Line & Red River Railway Co. v. Rushing

Citations

• 69 Tex. 306
• 6 S.W. 834
• 1887 Tex. LEXIS 823

Syllabus

<p>1. Pleading. — It is not necessary to set out in pleading a printed act of the Legislature, but it is sufficient to recite the title thereoi and the date of its approval and to set forth in substance so much on the act as may be pertinent to the cause of action or defense. The object of this rule is to relieve the pleader from the necessity of setting forth either the act or any of its provisions in full, and to give him, his adversary and the court' as fully the benefit of the full contents of the act as if it formed a part of the pleading. Hence, on demurrer when an act is thus referred to, the' court may look to its contents.</p> <p>9. Railways. — The fifth section of the act of 1871, incorporating the Bast' Line Railway Company provides, among other things, as follows: “Said; company is authorized, and the right is hereby granted them, to cross, or connect with any other railway company, to join stocks or consolidate with any other railway company running in the same gen-oral direction;” and by the fourth section of the amendatory act of 1873' it is provided that “said company shall not have the right to rent, ■ ■sell, lease or consolidate with, any parallel or competing railroad im this State.” By the fourth section of an act of August 7,1870, it was provided that the Missouri, Kansas & Texas Railway Company should have the right to purchase, sell or lease, join stocks, unite or consolidate with, any connecting railroad company, by and with the approval and consent of a majority in interest of the stockholders in each company, and to acquire . and merge into itself all, or any part of the property, rights and privileges ■ of such other company, upon such terms and conditions as may be agreed upon by their respective boards of directors.” In a suit against the Bast Line & Red River Railway Company to recover damages for injuries sustained by its negligence, it sought to avoid liability by setting up that the road had been sold to the Missouri, Kansas & Texas