State ex rel. City of Wichita Falls v. Rust

OPINION

BREWSTER, Justice.

The City of Wichita Falls filed this suit to condemn the fee simple title to a 2.684 acre tract in Wichita Falls belonging to condemnees for use in constructing and operating a freeway project known as the Kell Freeway. A jury trial was had in which the sole question to be determined was the market value of the land taken. Being dissatisfied with the judgment rendered the City has appealed.

The City’s Point 1 is that the court erred in letting appellee, Rust, testify that he sold small motors out there (on the land in question). In Point 2 the City contends that the…