City of Waco v. Texas Coffin Company

OPINION

JAMES, Justice.

Plaintiff Texas Coffin Co. filed this suit against the City of Waco to recover damages to its property caused by the construction by the City of a viaduct on 17th Street, on which street plaintiff’s property abutted. Plaintiff contended its property was damaged due to a loss of access at ground level to the public street system, the damages being sought under Article 1, Section 17 of the Constitution of the State of Texas, Vernon’s Ann.St. The viaduct began at the south right of way line of Franklin Avenue and ended on the north right of way line of Webster Avenue,…