CITY OF WACO v. TEXAS COFFIN COMPANY

No. 5031.

472 S.W.2d 800 (1971)

CITY OF WACO, Appellant, v. TEXAS COFFIN COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 18, 1971.


Attorney(s) appearing for the Case

Earl Bracken, Jr., City Atty., Albert R. Kuehl, Asst. City Atty. (Tony E. Duty, Waco, of counsel), for appellant.

Sheehy, Cureton, Westbrook, Lovelace & Neilsen, Waco, for appellee.


OPINION

JAMES, Justice.

Plaintiff Texas Coffin Co. filed this suit against the City of Waco to recover damages to its property caused by the construction by the City of a viaduct on 17th Street, on which street plaintiff's property abutted. Plaintiff contended its property was damaged due to a loss of access at ground level to the public street system, the damages being sought under Article 1, Section 17 of the Constitution of the State of Texas, Vernon...

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