City of Beaumont v. Marks

PARKER, Justice.

A. B. Marks, as plaintiff, sued The City of Beaumont, Texas, The Southern Pacific Company, Missouri Pacific Lines, and Kansas City Southern Railway Company, as defendants, for damages as a result of impairment of reasonable access to property owned by him by virtue of the construction of an overall railroad grade separation program to eliminate crossings of streets by railroad tracks at grade, alleging the same constituted damage to property for public use under Article 1, Section 17, of the Constitution of Texas, Vernon’s Ann. *113St. No part of Marks’ property was physically…