CITY OF HOUSTON v. FT. WORTH & D. RY. CO.

No. 17997.

619 S.W.2d 234 (1981)

The CITY OF HOUSTON, Appellant. v. FT. WORTH & DENVER RAILWAY CO. et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 23, 1981.


Attorney(s) appearing for the Case

Edward A. Cazares, Fred Spence, Houston, for appellant.

Wm. H. Tenison, Jr., Carla Powers Dykes of Andrews Kurth, Campbell & Jones, Houston, for appellees.

Before WARREN, DOYLE and EVANS, JJ.


WARREN, Justice.

This is a suit for the condemnation of land already dedicated to public use.

The City of Houston filed suit against the Railroad seeking a writ of possession, and alternatively, condemnation for street purposes, of certain land used by the Railroad for tracks and railroad yards. The land is owned by the Railroad in fee.

After a jury trial, the court entered judgment which awarded the City an easement and the Railroad the sum of $84...

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