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TEXAS AND PACIFIC RAILWAY CO. v. CODY

No. 246.

166 U.S. 606 (1897)

TEXAS AND PACIFIC RAILWAY COMPANY v. CODY.

Supreme Court of United States.

Decided April 19, 1897.

Attorney(s) appearing for the Case

Mr. David D. Duncan for plaintiff in error. Mr. John F. Dillon and Mr. Winslow F. Pierce were on his brief.

Mr. Ernest B. Kruttschmitt, Mr. Edgar H. Farrar, Mr. Benjamin F. Jonas, Mr. Hewes T. Gurley and Mr. Thomas F. West, for defendant in error, submitted on their brief.

MR. CHIEF JUSTICE FULLER, after stating the case as above, delivered the opinion of the court.

The railway company raises a preliminary question of jurisdiction. Plaintiff below described himself in his petition as a resident of Tarrant County, Texas, and alleged the Texas and Pacific Railway Company to be "a private corporation, created and existing under the laws of the State of Texas," and that "the defendant owns and operates a line of railway

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