City of Houston v. McCarthy

On Motions for Rehearing

All parties have filed motions for rehearing.

Appellant contends that this Court erred in holding that appellees are entitled to compensation for the damage, if any, sustained by them by reason of the construction of a bridge over property previously conveyed by appellees, in which convey-*387anee there was a covenant prohibiting the erection of above-ground structures. Appellant contends that such damage cannot be recovered in a condemnation proceeding, but can be recovered, if at all, only in a suit for damages. They call attention to City of Houston v. Wynne, 279 S.W.…