Page:Federal Reporter, 1st Series, Volume 10.djvu/511

 M., K. & T. RY. CO. V. T. * ST* h. BY. CO. e99 �great expense, and would be such a source of danger of collision in the transit of trains as could not be adequately compensated by any moneyed consideration; thatthe complainant having first locatedits line there, and procured ita right of way, and being in the actual occupancy thereof, and engaged in the construction of its maintrack and side track thereon, requires the sole and unobstructed use thereof for its business, and to suffer such crossing there wonld work irre- parable injury to complainant; that defendant is threatening and attempting violently to effect said crossing, against the objection and warning of complainant. And complainant's prayer is for an order restraining and enjoining defendant from making said crossings against complainant's objection, "and from attempting to compel by law a right to do so." �The answer in substance is — First, that complainant is not such a party as to the matters in issue as can sue the defendant in refer- ence thereto in the circuit court of the United States ; second, that defendant does not propose to cross complainant's line with defend- ant's main track, but only to lay a side track across the complainant's line to connect with the Central, and return with the Central line to defendant's main track; that defendant has found it impracticable to connect with the Central in any other manner, or at any other place; that defendant expects and now ofiers to make and maintain said crossing at defendant's expense, and that if not allowed to make its connection in that way with the Central, defendant will be greatly damaged. �Oii the question of jurisdiction, raised by the answer, the proof shows that the complainant was organized as a corporation under a general act of the state of Kansas, and that on the second of August, 1870, the legislature of Texas passed "An act in relation to the Mis- souri, Kansas & Texas Eailway Company," giving said company the right to extend its railroad through the state of Texas, and, among other things, not material here, providing — �" That the said company, in constructing, extending, and operating its rail- road and branches, shall have and exercise and are hereby vested with all the rights, powers, privileges, and immunities granted byits acts of incorporation and amendments thereto, so far as the same may be applicable to this state, and not inconsistent with the constitution thereof, together with all the rights, powers, privileges, and immunities conferred by all general laws now existing or that hereafter may be passed by the legislature of the state of Texas, in relation to railroad corporations, in same manner and to same extent as il incorporated by this state, provided the said company shall keep an office within the state;" ��� �