Texas Supreme Court
City of Mason v. West Texas Utilities Company
February 7, 1951150 Tex. 18
Summary
The Texas Supreme Court affirmed the Court of Civil Appeals, holding that Article 1436a of the Texas statutes grants a utility company the right to maintain and operate its existing lines within a city that was incorporated before the statute’s enactment for a period of ten years after incorporation without the city’s consent. Justice Griffin dissented, arguing that the statute should be applied prospectively and not grant retroactive rights.