Victoria County v. Victoria Bridge Co.

Citations

• 68 Tex. 62
• 4 S.W. 140
• 1887 Tex. LEXIS 642

Syllabus

<p>1 Jurisdiction—Toll Bridge—Statutes Construed.—A toll bridge company, incorporated under the provisions of section 79 of the act of April 8, 1874, does not acquire, under its charter, such an exclusive right to maintain a bridge as to take away the right of the county in which it is situate to establish a free bridge within three miles above or below it.</p> <p>2. Construing Charters op Incorporation.—Any doubt in regard to the true construction of a legislative act authorizing or granting a charter under which special privileges are claimed, should be resolved in favor of the State and the public.</p> <p>3. Injunction—Toll Bridge—Jurisdiction—Contract.—A county commissioners court granted to an incorporated toll bridge company whose bridge was already constructed, the use of the site on which the bridge stood for the period of ten ye'ars. In a proceeding by injunction to restrain the county from opening for travel a free bridge within three miles of the toll bridge, held, without considering what would have been plaintiff’s rights had the bridge been constructed after the order granting the privilege was obtained, the order was not a contract, since the bridge was built when the order was entered, and the order subsequently made, authorizing a free bridge within three miles of the site, did not impair the obligation of a contract.</p>