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HOLCOMB v. CITY OF DALLAS

No. 7045.

315 S.W.2d 454 (1958)

Harvey C. HOLCOMB et ux., Appellants, v. CITY OF DALLAS et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied August 5, 1958.

Attorney(s) appearing for the Case

Charles J. Winikates, Dallas, for appellants.

H. P. Kucera, Ted P. MacMaster, A. A. McDaniel, Dallas, for appellee.

DAVIS, Justice.

This suit was originally filed by Harvey C. Holcomb, et ux., as a trespass for damages to trees and shrubbery destroyed by Cullum Construction Company, as contractor for the City of Dallas in the construction of a city storm sewer. The City of Dallas reconvened in condemnation under Article 3269, Vernon's Annotated Texas Civil Statutes, seeking an easement for the storm sewer. Holcomb and wife sued Cullum Construction Company and the City of Dallas...

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