Rio Grande Railroad v. City of Brownsville

Citations

• 45 Tex. 88

Syllabus

<p>1. Practice in supreme court. — In the absence of an assignment of errors, the Supreme Court will in its discretion either dismiss or consider and decide such errors as are apparent on the record, going to the foundation of the action. The court will not consider mere technical errors in the form or manner of enforcing a valid cause of action, of which the court below had jurisdiction, nor rulings made in the progress of the trial not going- to the foundation of the action or of the defense.</p> <p>2. Powers of a corporation. — A corporation has only such power as lias been conferred on it by its charter, or with which it has been otherwise empowered by law.</p> <p>3. Public streets.- — It seems that the injury from obstructing streets is to the general public, rather than to the city; but when the control of the streets has been conferred upon the city, it may institute proceeding's to remove obstructions.</p> <p>4. Construction of charter. — A charter authorizing the construction of a railroad “to Brownsville, on the Bio Grande,” is not to be restricted to the right to build the road to the limits of the city, but it imports an authority to extend the road within the corporate limits of the city.</p> <p>5. Construction. — The words “ at” and \from\ are correlative with “to,” as showing the points from and to which a road may be constructed; and if the first may be used inclusively, so may the latter.</p> <p>6. Railroads may use public streets. — The right is expressly conferred by law upon all railroad companies chartered by the laws of this State to use any of the public streets, alleys, and highways of any city or town which may be on their lines of road, without making such city or town any compensation. (Paschal’s Dig., art. . 4941.)</p> <p>7. Same — How such right may be enforced. — In case of disagreement between a railroad company and the city authorities as to what street should be occupied by such railroad, it was the duty of each'to invoke the aid of