FARMERS & MERCHANTS COMP. & W. CO. v. CITY OF DALLAS

No. 15651.

335 S.W.2d 854 (1960)

FARMERS & MERCHANTS COMPRESS & WAREHOUSE COMPANY, Appellant, v. CITY OF DALLAS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied May 20, 1960.


Attorney(s) appearing for the Case

Locke, Purnell, Boren, Laney & Neely, Callaway, Reed, Kidwell & Brooks, and O. D. Montgomery, Dallas, for appellant.

H. P. Kucera, City Atty., N. Alex Bickley and Ted P. Mac-Master, Asst. City Attys., Dallas, for appellee.


DIXON, Chief Justice

Appellant Farmers & Merchants Compress & Warehouse Company, a private corporation, sued appellee City of Dallas for damages alleged to have resulted from the closing of a part of Lamar Street which ran across a railroad crossing. This appeal is taken from a summary judgment that appellant take nothing by its suit.

Appellant's Pleadings:

In its unsworn amended petition appellant in substance made these allegations:

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