Texas & N. O. R. v. Schoenfeld , 124 S.W.2d 910 ( 1938 )

On Motion for Rehearing.

Appellant calls to our attention that the right of eminent domain is available to railway companies for the purpose of securing right of ways for spurs and side tracks as well as for the purpose of securing right of ways for main lines. This is undoubtedly true where the spur or side track is for public use, but is to the contrary where the spur or side track is for private use, as is the circumstance in the case at bar.

We adhere to our original holding that under the facts existing in this case the right of eminent domain would not be available to appellant.

We have carefully considered appellant’s motion for a rehearing and same is overruled.