Page:Federal Reporter, 1st Series, Volume 10.djvu/509

M., K. & T. BY. CO. V. T. & ST. L, BY. CO. 497 �MissouBi, Kansas & Texas Ei. Co. v. Texas & St. Louis Ey. Co. �{Circuit Court, N. D. Texas.) �1. JUBISDICTION— CoRPOBATrOSrS ExiSTING UNBER THE LaW8 OF TwO StaTBS. �Where a corporation is organized under the laws of one state it becomes a citi- zen of that State, although the same persons, by the same corporate name, have been inoorporated with the same powers and the same objects by another state. Such an act of incorporation must be construed as only a license enlargiug tho fleld of its operations, and it does net constitute it a corporation of that state. but shorn of none of its qualitiea as a corporation of the state under which it is organized. It is privileged to elect to sue in the United States courts. �2. CONSTITUTIONAI. CONSTRUCTION INTEESECTINO RAILWAYS. �Article 10, § 1, of the constitution of Texas, which provides that "every rail- road Company shall have the right with its road to intersect, connect with, or cross any other railroad," is not self-acting, but requires appropriate s^ipple- menting legislation prescribing the regulation of its exercise. .3. Same — Injunction — Ieeeparable Damage. �Railroad crossings, by intersecting lines, are such a source of danger from �liability to collision in the transit of trains as could not be adequately compen- �sated in damages, or by any moneyed consideration, and, except un'ler the �pressure of some paramount necessity, their construction should be enjoined. �4. BiGHT OF Wat. �When the right of way over private property, or the right of crossing a public highway, has been acquired, certain common rights attach to the new acquisition, which are to be considered, protected, and enforced by the proper tribunals. �In Equity. Application in chambers for temporary injunction. �W. H. Herman, Welhorn, Leake de Henry, and B. C. Foster, for complainant. �Hubbard, Whitaker e Bonner and Clark e Dyer, for defendant. �McCoKMicK, D. J. The complainant, in its bill and amended bill, avers in substance that it is a corporation duly organized under the laws of Kansas, and as such is also authorized, by act of the legisla- ture of Texas, to extend its railroad and telegraph through Texas ; that it is now engaged in extending its lines of railroad through Texas, having portions thereof in operation, and other portions located and in process of construction; that in January last it located its line through McLennan county and into the city of Waoo, approacli - ing the line of the Central Kailroad at that point on a tract of land known as the Norris land, and in March last obtained frora the proper party full title to the right of way over said land on complain- ant's said located line, and is now engaged in construeting its main Une and side track on said Norris land, on said right of way ; that v.lO,no.5— 32 ��� �