Shelton v. City of Abilene

FUNDERBURK, Justice.

S. M. Shelton and others (about 41 in number) brought this suit against the city of Abilene, the Texas & Pacific Railway Company, and the members and chief engineer of the Highway Commission of Texas, to perma^ nently enjoin the defendants from constructing an underpass across a certain described strip of land, as to which it was alleged “that defendant Texas & Pacific Railway Company is the owner in fee simple.” The land was alleged to be in the possession of said railway company, and to have been used for a great number of years exclusively for operation of its lines of…