Gulf, Colorado & Santa Fe Railway Co. v. Abbey

This is an appeal by Gulf, Colorado & Santa Fe Railway Company from a judgment in a condemnation suit awarding to Donald Sam Abbey $1,200 as the value of 1.71 acres of land taken for a railroad right of way and $6,540 for damages to the remainder of the tract. The railroad was constructed and trains were in operation before the case was tried. Trial was to a jury.

There is no complaint as to the amount awarded for the 1.71 acres. In answer to special issue No. 2 the jury found the value of the remaining 43.02 acres to have been $13,080 immediately before the taking, and in answer to issue No.…