State v. Carpenter

Mr. Judge GERMAN

delivered the opinion of the Commission of Appeals, Section A.

This was a condemnation proceeding brought by the State of Texas, herein referred to as plaintiff, against R. B. Carpenter and others, herein referred to as defendants. The State sought to condemn 8.03 acres of land for highway purposes across a tract of 240 acres owned by Carpenter and wife. In the trial court a judgment was rendered in favor of defendants for $803.00 as the value of the 8.03 acres taken for right of way, and for $3,477.00 as depreciation in the value of the balance of the farm. This judgment was…