City of Houston v. Fox

GREENHILL, Justice.

This is the second appeal to this Court of a suit instituted by Lee M. Fox against the City of Houston to recover for the loss in value of certain real property owned by Fox and located at the intersection of Broadway and Erath streets in Houston. A description of the changes made in Broadway and Erath, together with an accompanying map of the streets in relation to Fox’s property, may be found in the Court of Civil Appeals’ first opinion. 412 S.W.2d 745.

The City, to remove a dangerous railroad crossing at grade, constructed an underpass on Broadway at the intersection of…