This appeal is from a judgment in a proceeding instituted by and in behalf of Wil-lacy county to condemn a strip of land, or the easement thereover, occupied by the power lines of the Central Power & Light Company, a public service corporation. This land was sought by the county for the purpose of widening an adjacent public highway thereover. This is a second appeal in the case. Central Power & Light Company v. Willacy County (Tex. Civ. App.)
It was disclosed, for the first time, in the evidence upon the last trial, that the highway in question is a state highway and designated as such by the state highway, department. Appellant contends now on this appeal, for the first time, that, under . the statutes as construed by our courts, the county had no power to maintain the condemnation proceedings involved; that such power is lodged by statute in the state highway department, to the exclusion of the several counties of the state; and that such proceedings are therefore void. The point seems to be well taken. Article 6674n, R. S. 1925; Singeltary v. Heathman (Tex. Civ. App.)
The judgment is reversed, with directions to the court below to dismiss the cause, at the cost of Willacy county.