BOLTON v. SPARKS

No. A-8989.

362 S.W.2d 946 (1962)

W. Thomas BOLTON and Texas & New Orleans Railroad Company, Petitioners, v. W. H. SPARKS et al., Trustees for the General American Oil Company of Texas Retirement Trust, Respondents.

Supreme Court of Texas.

Rehearing Denied December 19, 1962.


Attorney(s) appearing for the Case

Saner, Jack, Sallinger & Nichols, Jerome Chamberlain, Dallas, for W. Thomas Bolton.

L. P. Bickel, of Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for Texas & New Orleans R. Co.

Jerry N. Jordan, of Turner, Rodgers, Winn, Scurlock & Terry, Dallas, for respondents.


SMITH, Justice.

This suit was brought by W. H. Sparks et al. as trustees for the General American Oil Company Retirement Trust, the owners of property adjoining the right-of-way of the Texas and New Orleans Railroad Company, to enjoin the Railroad and W. T. Bolton from constructing an automobile service station on the Railroad's property. In a trial before the court without a jury, the injunction was denied; on appeal,...

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