Texas & NOR Co. v. North Side Belt Ry. Co.

• Decision Date: 26 September 1925
• Docket Number: No. 247.,247.
• Citation: 8 F.2d 153
• Parties: TEXAS & N. O. R. CO. v. NORTH SIDE BELT RY. CO. et al.
• Court: U.S. District Court — Southern District of Texas

8 F.2d 153 (1925)

TEXAS & N. O. R. CO. v. NORTH SIDE BELT RY. CO. et al.

No. 247.

District Court, S. D. Texas, at Houston.

September 26, 1925.

Baker, Botts, Parker & Garwood and Garrison & Watson, all of Houston, Tex., for plaintiff.

Nelson Phillips, of Dallas, Tex., W. W. Moore, Beeman Strong and J. Y. Powell, all of Houston, Tex., and Dan Moody, of Taylor, Tex., for defendants.

HUTCHESON, District Judge.

This is an action, brought by the Texas & New Orleans Railroad Company, a party at interest, to enjoin the North Side Belt Railway Company from constructing its railroad on the north side of the Houston ship channel.

The record consists mainly of an agreed statement of facts, together with the testimony of Mr. Cullinan, president of the defendant railroad, the effect of which agreed statement and testimony was: That the North Side Belt Railway Company, chartered under the laws of Texas for the purpose of "constructing, owning, maintaining, and operating a terminal railway," the main line of which should be constructed "commencing at the northwest corner of the American Petroleum Company's terminal property; then extend in a westerly direction, where the proposed line would intersect the Municipal & Harbor Belt Railroad, a distance of approximately 5 miles, and located wholly within Harris county, Tex." That the North Side Belt Terminal Railway Company has never procured a permit from the Interstate Commerce Commission for the construction of its road. That the proposed line will connect with the private spur track of the American Petroleum Company, which spur track serves its terminal located on the Houston ship channel. That the Municipal & Harbor Belt Railroad, with which it will also connect, was built by and is owned by the city of Houston, and handles both interstate and intrastate freight connecting with the other main lines of the different roads entering the port. That this belt railroad is operated by a joint association composed of various main line railroads entering Houston. That during the month of June, 1925, 50 per cent. of the freight handled from 12 of the most important industries situated along the channel was interstate freight. That on or about the 8th day of June, 1925, the respondents duly filed this proceeding for the purpose of condemning a right of way across the land of the complainant. That such proceedings were duly prosecuted resulting in an award to the complainant of $750. That, following the condemnation proceedings, respondent took possession of the land in question on the 13th day of June, 1925, and laid a track across it and is now in possession of same. That, immediately after the condemnation proceedings were completed, construction of the railroad was commenced across complainant's property, and was completed at about 11 o'clock p. m. on the date of the condemnation proceedings.

Mr. Cullinan testified: That, when the road was completed, it was intended to be operated. That he is interested in the Galena Signal Oil Company and the American Petroleum Company. That those companies are both engaged in the shipping and exporting of oil from...