Gilliland v. City of Fort Worth

I find myself unable to concur in the opinion of the majority of the court.

The nature of the suit is indicated by the following excerpt taken from appellants’ brief: “The purpose of the suit was to establish -and enforce the right of the plaintiffs, as the owners of homes abutting on Hemphill Street in said city, to have the driveway for vehicular traffic on that part of Hemphill Street kept and confined to its then width of approximately 40 feet, leaving the remainder of the original dedicated street to be used only for parkways, sidewalks and driveins.”

Although the petition does not say so…