The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-06-28

the service is trl-Weekly eacn way with q
mixed train, making an average of about
eight miles per hour, at which speed 1t is
not unreasonably dangerous.
.. The division from Houston to near
Willis was in very good condition, the
track and road bed both being as good
as could reasonably be desired.
8. The division from near Willis to
Palestine was in good condition, not so
good as the last namel, but cafe i'll its
track and bed at a rate Of twenty or
twenty-eight miles per hour for pass
eoger trains and proportionately less
rate for freight.
4. The division from Palestine to
Longview was not altogether so good as
the last, though taking the entire length
much the same. Near Elkhart the track
was in unsafe condition, many of the ties
be ing rotten to an extent and in such
proximity to each other as not to afford
proper and reasonable support either per
pendicular or lateral to the rails. Take
the entire division, and passenger trains
could be operated with reasonable safety
at a rate of twenty to twenty three miles
per hour and freight at proportionately
less rates.
8. The division from Troupe to
Mineola was in very bad condition. A
large portion of the tee were rotten and
of no service as ties. The rails from
Troupe to near Lindale, distance Of
some thirty -four miles, on the eastern or
southern end of this branch were old iron,
badly worn and Illuminated. From near
Lindale to Mineola the rails we're steel.
A iuis ha Ia1
bad, rough and uneven. Travel at any
rate of speed was uncomfortable, and at
higher rate than eight to ten miles per
hour was unreasonably dangerous.
6. The division from Palestine to
Taylor was in bad condition. Of this dis
lance about half was laid with steel rails
and half with old iron, worn and lam
mated. At many places there were more
ties rotten than was consistent with safety.
Taken, as a whole, the track and bed
were rough and uneven. Passenger trains
could be run with reasonable safety at
from fifteen to eighteen miles per hour,
but travel at that or considerable less
rate of speed was uncomfortable on ac-
count of the rough, uneven condition of
the road.
7. That from Taylor to San Antonio
the track and road bed were both rea-
sonably good.
s. The same Was true from San An
tonic to Laredo.
Fourth-With regard to the depots, 1
find that at Taylor, Troupe, Palestine and
Austin they were inadequate and not suffi-
cient to properly accommodate persons
having business with the road.
Fifth-In regard to this bridges and cul-
verts, find that they were in good safe
condition, SO far as the travelling public is
concerned. The bridge across the Sabine,
near Mineola, has its arches too low for
safety to brakemens on high freight cars,
at which point the company has put out
signals.
Sixth-That since the institution of
this suit the respondent has begun, and
up to the trial has prosecuted vigorously,
system of repairs on its road, having
built new depot at Troupe, begun one at
Austin; having reprinted and renovated
a number along its lines, having taken
up the old iron on the Mineola division
and replaced it with good steel rails, hav-
ing removed very many of the rotten ties
all along said branch and replaced them
with new ones, aud having leveled and
surfaced up the roadbed until it is now in
good safe condition, capable of being used
with reasonable safety to passenger
trains at from twenty five to twenty
eight miles per hour. The decrease of
wrecks and derailments along this. divi-
sion being about so or 80 per cent of the
number occurring in its former condition,
At many other places along the line of its
| -, akL,. ;,i, hn hal hoe
reworked, putting in new ties and rails
and surfacing up the bed, much lmprov'
ing its condition. The division from
Tyler to Palestine has been improved
more than any other, except from Mineola
to Troupe.
Seventh-That at the time of bringing
this suit there were daily passenger anC
freight trains running both ways over al
of res pondents road, except from Hous
ton to Columbia, over which the service
was triweekly, but sufficient for trave
and freight offered. Over many of thu
divisions there were two passenger trains
daily each way, and more freight running
and operated by Missouri Pacific com
paly.
Eighth-That respondent has con,
structed no road east of Longview, whicl
is distant about 100 miles from the Rec
river, near Fulton, and there have been NJ
} through passenger trains run from Long
view to Laredo. In going over respond
ent's line on said route passengers had t.
change cars at Palestine and at Taylor
That in making these connections della,
J from one to five hours was frequent, an,
7 from five to twelve unusual, though som
times occurring, most of these delay
being occasioned by failure of connecting
lines to bring and deliver the mails o.
schedule time. That this state of affair
! has continued for several years, beginning
about the date of the lease to the Missouri
l Kansas and Texas, hereinafter adverted tC
continuing to some extent TO the time Q
trial
Nnth-That in June, 1881, responder
entered into contract with the Missour
5 Kansas and Texas Railroad company, b
: virtue of which all the corporate prOpert
5 of the res pondeut was leased to said Mis-
4 souri, Kansas and Texas for period @
E ninety-nine years from that time. Tina
e prior thereto the Missouri, Kansas an
: Texas, Texas corporation, had lease
its road and properties of all kinds TO tn
} Missouri Pacific Railroad company,
foreign corporation, never chartered b
the laws of this state, by the terms o
which lease all property or roads there
after acquired should inure to the beneti
of the Missouri Pacific company.