Lyles v. Texas & New Orleans Railway Co.

Stayton, Chief Justice.—

This action was brought by appellant to recover damages for injury alleged to have been done to property owned by him and fronting on a street on which he alleges that appellee constructed a double track of railway. He alleges that appellee constructed the first track in the street in 1879 and that it constructed the second track in 1884, and that both of these have been continuously used since dheir construction.

The basis of his action is the depreciation in value of his property, which he alleges results from the occupation of the street by the tracks of railway. The…