TEX. & PAC. RAILWAY v. INTERSTATE TRANS. CO.

No. 95.

155 U.S. 585 (1895)

TEXAS AND PACIFIC RAILWAY COMPANY v. INTERSTATE TRANSPORTATION COMPANY.

Supreme Court of United States.

Decided January 7, 1895.


Attorney(s) appearing for the Case

Mr. John F. Dillon for appellant. Mr. William Wirt Howe filed a brief for same.

Mr. George A. King for appellee. Mr. Charles W. Hornor and Mr. Guy M. Hornor were on his brief.


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

In this case the only limitations on the exercise of the power granted to the railway to construct and maintain its bridge, pointed to, are that "the said company shall preserve any water course which its said railway may pass upon, along, or intersect, touch, or cross, so as not to impair its usefulness to the public unnecessarily, ... and the said company shall not be required to construct...

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