City of Amarillo v. Emery

FOSTER, Circuit Judge.

H. Emery is the owner of a certain strip of land in Amarillo, Tex., with a building thereon. The city built a viaduct on a public street in front of part of the property and Emery brought suit to recover consequential damages, alleged to have been caused by the impairment of his rights of vision, ingress, egress, and accessibility. The American National Insurance Company, holder of certain vendor’s lien notes on the property, intervened and joined with the plaintiff. There was a verdict for $7,750 in favor of plaintiff. The city moved for a new trial on the ground that…