CITY OF FORT WORTH v. CITIZENS HOTEL COMPANY

No. 16530.

380 S.W.2d 60 (1964)

CITY OF FORT WORTH, Appellant, v. CITIZENS HOTEL COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 19, 1964.


Attorney(s) appearing for the Case

S. G. Johndroe, Jr., City Atty., Fort Worth, for appellant.

Brown, Herman, Scott & Young and A. M. Herman, Cantey, Hanger, Johnson, Scarborough & Gooch, and Emory Cantey, Crumley & Hooper, and Frank Crumley, Hudson, Keltner, Jordan, Smith & Cunningham, and Edgar H. Keltner, Jr., McGown, Godfrey, Logan & Decker, and B. E. Godfrey, Thompson, Walker, Smith & Shannon and Ogden, Shannon, and Stone, Parker, Snakard, Friedman & Brown and G. W. Parker, Jr., Fort Worth, for appellee.


MASSEY, Chief Justice.

The material question to be determined is whether the owner of the fee interest in and under a public street (to its center), who has for many years used an underground portion thereof with knowledge and express or implied consent by the incorporated city possessing the street easement, may be subjected to liability for the payment to the city of a rental charge for its continued use.

The trial court determined that the owner, who as...

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