Ft. Worth & Denver Railway Co. v. City of Houston

OPINION ON MOTION FOR REHEARING

PAUL PRESSLER, Justice.

On April 5,1984, this Court handed down an opinion in this cause. On motion for rehearing, this Court now withdraws its original opinion and substitutes a new opinion therefor.

Appellee sued to condemn a portion of a right-of-way of appellant north of Watonga Boulevard in Harris County. The court originally dismissed the suit on a jurisdictional issue but the Court of Appeals reversed and remanded. In the first trial appellee was granted the easement and appellant was awarded $84,770 in damages. Both parties appealed. In its reversal, the…