T. & P. R'y Co. v. Rosedale Street R'y Co.

Citations

• 64 Tex. 80

Syllabus

<p>1. Injunction — Public streets.— A railway company owned a yard with sidings and track in an incorporated town, and through this yard ran a public street. The town council granted a street car company the right to run their road along this street, and the railway company sought to perpetually enjoin this company from constructing its track across the yard, sidings and track of the railway company. Held:</p> <p>(1) The construction and operation of a horse railway on the public streets of a city, by authority from the city government, is not such new or additional burden upon the land as would entitle the owner of the fee to compensation therefor, or that would amount to such taking or damage as would require a condemnation of the right of way.</p> <p>(2) Streets are acquired, established and maintained for the accommodation and convenience of the inhabitants and the general public, and may be used for the convenience of the public by the ordinary modes of conveyance operated upon such streets, the chief of which, in this case, was the street railway.</p> <p>(3) As long as the street remains a public thoroughfare, the railroad company cannot complain of any inconvenience arising from the ordinary and usual modes of conveyance used by the public, such as a street railway. Bailroad companies have not the exclusive right to a public crossing, but are restricted by public necessity and convenience.</p> <p>(4j The public cannot be deprived of the use of a street by the erection of improvements, and it was no ground for an injunction in this case that the railroad company was prevented from erecting such improvements, or that it sustained inconvenience from the use of ordinary modes of conveyance upon the street.</p>