Mr. Justice Harvey delivered the opinion of the Court. S. J. Weber sued the Texas Highway Department, after permission was granted by the Legislature of the State of Texas for him to bring the suit. The facts of the case are relatively simple, and are undisputed. On August 23, 1945, Weber was the lessee of a tract of land near the City of Houston, adjoining the Houston-Alvin highway, which was maintained by the…
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