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Beasley v. Texas & Pacific Railway Co., 191 U.S. 492 (1903)

Beasley v. Texas & Pacific Railway Co.

No. 79

Argued December 3, 1903

Decided December 14, 1903

191 U.S. 492


A railroad company on receiving from the plaintiff a conveyance of and for its road, agreed for itself and its assigns not to build a depot within three miles of one which it built on the land conveyed. Subsequently it sold its road to defendant, which proposed to build a station within the three miles, in pursuance, as was admitted, of an order of the State Railroad Commission.

Held that the injunction should not issue.

Quaere whether the burden of the contract passed to the defendant.

Whether a railroad station shall be built in a certain place is a question involving public interests.

If it appears to the court that it would be against public policy to issue an injunction against a railroad corporation, the court may properly refuse to be made an instrument for such a result whatever the pleadings in the case may be.

The facts are stated in the opinion of the court.

Page 191 U. S. 493

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