Gulf City Street R'y Co. v. Galveston City R'y Co.

Citations

• 65 Tex. 502
• 1886 Tex. LEXIS 697

Syllabus

<p>1. Street railways—Grant of right of way over streets of a city not an exclusive privilege—A grant made, under legislative sanction, by a city to a street railway company of the right, not in express terms exclusive, to build and operate a railway upon one or more of its streets, confers upon the railway company no exclusive privilege as to such streets. The city, notwithstanding such grant, retains all the control it formerly possessed over those streets, subject only to the company’s exclusive right, as against other railway companies, to use that portion covered by its track. (Citing Jersey City and Bergen R’y Co. v. Jersey City and Hoboken Horse R’y Co., 20 N. J. Eq. 61.)</p> <p>2. Same—Railway company’s authority over streets confined to portion covered by its tracks—City’s dominion over portion of street not covered by company’s tracks remains unimpaired—Subsequent grant of like privilege over same street, if authorized by the legislature, may be made—Company holding older grant no right to object—Over that portion of any street upon which its track, switches, or turn-outs do not lie, a railway company has no authority, but the city’s dominion over it remains unchanged and unimpaired, and is as full and complete, for all purposes, as it was over the entire street before the privilege of constructing a road upon it was granted. If, therefore, the city should choose to grant to another company the privilege of laying a track upon the same street, the company already operating a road there would have no right to object, so long as the free and unobstructed use of its own track was not interfered with; and the new grant may, with the consent of the legislature, be made. (Citing Dillon on Mun. Corp. 727; Mkt. St. R’y Co. v. Central R’y Co., 51 Cal. 583; N. Y. & H. R’y Co. v. R’y Co., 50 Barb. 285.)</p> <p>3. Case discussed—The case of G. C. R’y Co. v. G. C. S. R’y Co., 63 Tex. 529, discussed.</p>