Andrews v. City of Dallas

232 S.W.2d 753 (1950)

ANDREWS et al.

v.

CITY OF DALLAS.

No. 14176.

Court of Civil Appeals of Texas, Dallas.

June 23, 1950.

Rehearing Denied September 29, 1950.

J. Lee Zumwalt, Dallas, for appellants.

H. P. Kucera, City Atty., and H. Louis Nichols and Jon H. Shurette, Asst. City Attys., all of Dallas, for appellee.

YOUNG, Justice.

A former memorandum order of date April 28, 1950, affirming above cause is this day set aside and withdrawn; and in lieu thereof this opinion of reversal and remand for a new trial is filed.

This is a proceeding instituted by appellee to condemn 1.8 acres of land out of a tract…