City of Waco v. DuPuy

McDONALD, Chief Justice.

Plaintiff DuPuy filed this suit against the City of Waco to recover damages to his property, caused by the construction by the City of a viaduct on 17th Street, on which fronted plaintiff’s property. None of plaintiff’s property was taken by the City in the construction; but the construction of the viaduct cut plaintiff’s property completely off from 17th Street, and rendered it accessible only by an alley, and by a way un*193der the viaduct which connects with Mary Street to the South, and upon which is located railroad tracks. Plaintiff instituted suit under Article 1,…