Fort Worth Ice Co. v. Chicago, Rock Island & Texas Railway Co.

JAMES, Chief Justice.

The first and second assignments are without merit. Apart from the waiver of irregularities or defective pleading which results from the acceptance by appellant of the sum awarded by the commissioners (Elliott on Roads and Streets, 207), we are of opinion that the petition for condemnation sufficiently indicates the purpose for which the strip described was sought to be taken, viz., for a right of way necessary to enable appellee to construct and maintain its railway.

The first step in the history of this proceeding was an injunction sued out by appellant on June 17, 1895,…