TEXAS &C. RAILWAY CO. v. MARSHALL

Nos. 293, 1105.

136 U.S. 393 (1890)

TEXAS AND PACIFIC RAILWAY COMPANY v. MARSHALL. MARSHALL v. TEXAS AND PACIFIC RAILWAY COMPANY.

Supreme Court of United States.

Decided May 19, 1890.


Attorney(s) appearing for the Case

Mr. W. Hallett Phillips for the city of Marshall.

Mr. John F. Dillon (with whom was Mr. Harry Hubbard on the brief) for the Texas and Pacific Railway Company.

Mr. Augustus H. Garland for the city of Marshall.

Mr. James Turner and Mr. C.B. Kilgore filed a brief for the city.


MR. JUSTICE MILLER, after stating the case, delivered the opinion of the court.

As regards the appeal of the railway company, two principal questions are presented. The first of these is, was there a valid contract that the corporation should not only establish its eastern terminus at Marshall City and put up there the depot buildings and machine shops, car works, etc., included in the contract, but should keep them there...

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