GULF, COLORADO & SANTA FE RAILWAY CO. v. ABBEY

No. 15908.

313 S.W.2d 108 (1958)

GULF, COLORADO & SANTA FE RAILWAY COMPANY, Appellant, v. Donald Sam ABBEY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

May 2, 1958.


Attorney(s) appearing for the Case

McLeod, Mills, Shirley & Alexander, Galveston, Fred Minor, John Sullivan, and T. B. Davis, Denton, Burford, Ryburn & Ford, and Robert E. Burns, Dallas, for appellant.

Hopkins & Hopkins, and George M. Hopkins, Jr., Denton, for appellee.


BOYD, Justice.

This is an appeal by Gulf, Colorado & Santa Fe Railway Company from a judgment in a condemnation suit awarding to Donald Sam Abbey $1,200 as the value of 1.71 acres of land taken for a railroad right of way and $6,540 for damages to the remainder of the tract. The railroad was constructed and trains were in operation before the case was tried. Trial was to a jury.

There is no complaint as to the amount awarded for the 1.71 acres. In answer...

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