State Ex Rel. State Highway Commission v. Atchison, Topeka & Santa Fe Railway Co.

OPINION

NOBLE, Justice.

The State Highway Commission (hereafter termed the commission) has appealed from a judgment in condemnation awarding damages to Atchison, Topeka and Santa Fe Railway Company (hereafter termed the railroad) and to Maurice and Thelma Jane Houk (hereafter termed Houk).

Three points relied upon for reversal will be discussed in somewhat different order than they are briefed. Point II concerns only the Houk property and for convenience will be first discussed.

Houk owned land in the city of Clovis upon which he had a welding and trailer shop and a custom slaughter house. He had…