RENFRO, Justice.
The plaintiff E. L. Zeiller brought suit against R. S. Whitehead. The petition alleged that plaintiff was the owner of Lot No. 3, Block No. 1, Inspiration Point Addition to the City of River Oaks, Tarrant County, Texas; that the lot faced east and the back sloped toward the west, abutting on an unimproved road; that during the summer of 1951, the defendant, in attempting to widen and improve the unimproved road and without the consent of the plaintiff...
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