Louis Brandeis

“ In 1890 the city granted to the company a 50-year franchise to double-track its railroad on that street. In the latter year the population of Dallas was 35,057; now it is 158,976; [1] and the existence and operation of the rail road on the avenue has become a serious menace to life and limb, a great inconvenience to the whole people, burdensome to the railway, and an injury to neighboring property. North of the avenue lie largely the residential sections of the city; adjacent and to the south, largely business sections. A part of the avenue is in the heart of the city. ”

“ The city then passed an ordinance granting such a franchise to the railway for the period of 20 years, conditioned, among other things, upon Armour & Co. dedicating about 90 square feet of their land to the public to round the two corners of their lot. The small parcels were dedicated; the plant was erected; the switch was built by the railway; and over the switch Armour & Co.'s lessee customarily receives about 600 cars of freight a year. The plaintiffs contend that the switch franchise, granted by the city to the railway, was entered into for Armour & Co.'s benefit ”

“ There six of the leading business streets-great thoroughfares-cross it; and on two of them street cars cross the railroad at grade. Two other much traveled streets are parallel. One of these, which is only two hundred feet distant, is the principal business street of the city. ”