Texas & P. Ry. Co. v. West Bros.

The motion for rehearing should be overruled. It only complains of the opinion in relation to the discussion of “fill." The original opinion is not subject to the criticisms urged. The plaintiffs in error, by amended and supplemental applications, complain of the holding of the Court of Civil Appeals on this question. Writ of error was granted on these applications. The cause being reversed, we deemed it proper to discuss this question. ,

We think it is clear from what we said that it is a matter of proof as to whether plaintiff suffered any “loss of fill,” affecting the market value of his…