City of Weatherford v. Martin

BROWN, Justice.

Appellee, Martin, brought suit against the State of Texas and the City of Weath-erford, in Parker County, Texas, for damages alleged to have been sustained by him, by reason of the State of Texas, acting through its Highway Commission, having constructed a viaduct, within the limits of said City, over the Texas & Pacific Railway Company’s tracks. The allegations of the petition are such as to show that appel-lee’s property was located near the railway tracks; that the old road, or-street, was flush with the railway tracks and with ap-pellee’s property, and ingress and egress…