Territory of New Mexico v. Eastern Railway

Citations

• 15 N.M. 591
• 110 P. 852

Syllabus

<p>SYLLABUS (¡BY THE COURT.)</p> <p>1. The defendant, the Eastern Railway Company of New Mexico, was the owner by purchase, from the Pecos Valley & Northeastern Railway Company, of a railroad about two hundred and twenty miles in length, extending from a point on the southern boundary line between New Mexico and Texas, northeasterly to a point in the town of Texico, at or near the easterly boundary line between New Mexico and Texas and, by construction, a railroad extending from Rio ■Puerco station on the Santa Fe Pacific railroad, in Valencia County, easterly to a connection in Texico with the purchased railroad at its terminus there. It built a branch road from Clovis, on the railroad it had constructed a few miles west from Texico, to a point near the station of Cameo, on the first named road which point is also a few miles west from Texico, began running all trains to and from Texico which had theretofore heen run over the Pecos Valley and Northeastern railroad, over said branch road and by way of Clovis, -over, the portion of said' constructed railroad between Clovis and Texico, and abandoned the portion of the first named railroad between Texico and the point near Cameo where the branch road connected. The distance from Texico to the last named' point is thirteen and two-tenths miles, and between the same points by way of Clovis is nineteen miles. Held, that the change was within the statutory authority of sub-sec. 17, sec. 3847, C. L. 1897.</p> <p>2. The directors of the defendant company did not take action to authorize the change specified in the preceding paragraph until after the change had- been made and after suit was brought to prevent its consummation hut did take such action before trial. Held, that the state of facts at the time of judgment and not that at the institution of the suit furnished the proper basis for the action of the trial court.</p>