Macdonell v. I. & G. N. R'y Co.

Citations

• 60 Tex. 590
• 2 Tex. L. R. 609
• 1884 Tex. LEXIS 8

Syllabus

<p>1. Pleading — Exhibit.— A copy of a paper which evidences the contract-which constitutes the plaintiff’s cause of action, in whole or in part, may be attached to the petition as an exhibit in aid and explanation of material averments in the petition, though it may be necessary and proper to use the-paper in evidence. Rule 19 has no application. The petition, however, should contain, independent of the exhibit, all averments necessary in the cause, and should refer to the exhibit only to aid and explain the pleading.</p> <p>2. Ferries—Municipal corporation.— The power conferred on a municipal corporation to establish ferries carries with it authority to do such acts as may be necessary to construct permanent ferries, and to operate them, either , through the agents of the corporation, or any other agencies the corporation may provide.</p> <p>3. Same.—The power conferred on such a corporation to fix the rates, fees and rents of a ferry is broad enough to authorize the city to rent the ferry to another, to be operated by him.</p> <p>4. Same.— The power conferred to fix the rents is inconsistent with the idea that the city alone can operate the ferry.</p> <p>5. Same — Statute construed.— The definition of the word rent, as used in the charter of the city of Laredo, has a broader meaning than that which the word usually imports, and which restricts it to land and tenements corporeal. As there used, it means that the city shall have the power to fix the sum which shall be paid, not only for the use of the land on or contiguous to which a ferry is established, but also the sum which shall be paid for the appurtenances to the ferry and the franchise of operating it.</p> <p>6. Same.— The power to fix rents necessarily carries with it the power in a municipal corporation, holding in trust for the public, the power to make such a contract as will entitle the one operating the ferry to collect rents.</p> <p>7. Municipal corporation—Ferries.—A city owning a ferry landing, wit