St. Louis, B. & M. Ry. Co. v. Texas Mexican Ry. Co., 11387.
| Decision Date | 09 June 1948 |
| Docket Number | No. 11387.,11387. |
| Parties | ST. LOUIS, B. & M. RY. CO. et al. v. TEXAS MEXICAN RY. CO. |
| Court | Texas Court of Appeals |
Appeal from District Court, Ninety-fourth District, Nueces County; Paul A. Martineau Judge.
Action by the Texas Mexican Railway Company against the St. Louis, Brownsville & Mexico Railway Company and others for an injunction and to recover compensation for use of plaintiff's tracks and facilities. From a judgment for plaintiff, defendants appeal.
Judgment reversed and cause remanded with directions.
E. H. Crenshaw, Jr., of Kingsville, and Kelley, Lockett, Lockett & Mosheim, of Houston, for appellants.
J. D. Dodson, of San Antonio, B. D. Tarlton, and M. G. Eckhardt, both of Corpus Christi, E. H. Borchers, of Laredo, and Tom M. Davis, of Houston, for appellee.
This cause was remanded to this Court by the Supreme Court of the United States, to be "held pending the conclusion of appropriate administrative proceedings." Thompson, Trustee, v. Texas Mexican Railway Company, 328 U.S. 134, 66 S.Ct. 937, 947, 90 L.Ed. 1132. The opinion of this Court is reported in Tex.Civ.App., 181 S.W.2d 895.
On March 22, 1948, Texas Mexican Railway Company filed a motion (Mo. No. 15698) in this Court praying for rendition of judgment affirming the judgment of the District Court of Nueces County, Texas, 94th Judicial District. Attached to this motion is a duly authenticated copy of the record of proceedings had before the Interstate Commerce Commission in "The St. Louis, Brownsville and Mexico Railway Company, Trustee, Abandonment, Finance Docket No. 15461," and "Missouri Pacific Railroad Company Reorganization, Finance Docket No. 9918," whereby it appears that a certificate was issued by said Commission permitting abandonment by Guy A. Thompson, Trustee of the St. Louis, Brownsville and Mexico Railway Company, of operation over a portion of the main line of the Texas Mexican Railway Company, extending from Robstown to Corpus Christi, Texas. The Interstate Commerce Commission further held and stated that, "under the decision of the Supreme Court referred to (Thompson, Trustee, v. Texas Mexican Railway Co., 328 U.S. 134, 66 S.Ct. 937, 90 L.Ed. 1132), if we unconditionally authorize the requested abandonment, we need not, nor do we have the power to determine the compensation which should be paid for use of the property subsequent to the notice of termination of the contract by the Texas Mexican."
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