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CITY OF WACO v. TEXLAND CORPORATION

No. B-871.

446 S.W.2d 1 (1969)

CITY OF WACO, Petitioner, v. TEXLAND CORPORATION et al., Respondents.

Supreme Court of Texas.

Rehearing Denied November 12, 1969.

Attorney(s) appearing for the Case

Earl Bracken, Jr., City Atty., Don J. Rorschach, Asst. City Atty., Waco, Thomas R. Hunter, Dallas, for petitioner.

Bryan, Wilson, Olson & Stem, Lyndon Olson, Sheehy, Jones, Cureton, Westbrook & Lovelace, John F. Sheehy, Waco, for respondents.

STEAKLEY, Justice.

Texland Corporation and W. M. Kelly filed separate suits against the City of Waco for damages to their property which they alleged was caused by the construction of a viaduct on South 17th Street. The trial court consolidated the two suits for a jury trial. A jury found that Texland's property was damaged $9,500.00 and Kelly's property was damaged $6,000.00. The trial court judgment for Texland and Kelly...

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