State v. Loessin

HUGHES, Justice.

This suit was brought by O. E. Loessin, Jr. and wife Elizabeth Loessin, against the State of Texas and the Texas Highway Commission under the permission granted by the Legislature in S.C.R. No. I, 2nd Called Session, 55th Leg. p. 197 (1957).

The only issue submitted to the jury, other than issues as to value was:

“Do you find from a preponderance of the evidence that the property of the plaintiffs was damaged by reason of the construction of the embankment in question on State Highway 29?”

This embankment was completed about October 1, 1957.

Since the legislative resolution,…