Christy v. C.B. Q.R.R. Co.

This is an action for damages alleged to have been caused to plaintiffs' property by reason of the change of the grade of a street by defendant. To plaintiffs' amended petition defendant filed a motion to dismiss on the ground, among others, that the petition failed to state facts sufficient to constitute a claim against defendant upon which relief could be granted. The court sustained the motion, resulting in the entry of a final judgment against plaintiffs, and they have appealed. The question presented upon this appeal is whether the second amended petition states sufficient facts to…