Phillips v. Stockton

GRAY, Justice.

This appeal is from a judgment denying appellants (W. H. Phillips and wife Mary Nash Phillips) an injunction restraining appellees (The Commissioners’ Court of Burnet County, the individual' members thereof and W. H. Naumann) from opening a road across appellants’ ranch under Art. 6711, Vernon’s Ann.Civ.St.

A trial to a jury was had and two special issues were submitted. These issues and the jury’s answers thereto are:

“Special Issue No. 1: Do you find from a preponderance of the evidence that the Commissions Court in ordering the opening of the proposed road acted primarily for…