Legal Opinion

Texas Electric Service Co. v. Nelon

Court of Appeals of Texas

Decided January 14, 1977No. 17775Published

1Opinion

ON REMITTITUR

TESCO’s sixth point asks that a re-mittitur be applied to that part of the court’s judgment which established the damages based upon the difference, as found by the jury, in the values of con-demnees’ remainder before and after the taking.

We find no ground for a remittitur in this case, and we overrule this point.

The values were well within the range of the market value testimony of the expert witnesses. There is no indication of any passion or prejudice on the part of the jury, and there is no manifest excessiveness in the damage award of the judgment. Urban Renewal Ag. of City…

2Cases cited3 opinions

  1. New Amsterdam Casualty Company v. JordanTexas Supreme Court · 1962
  2. Conwill v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1892
  3. Urban Renewal Ag. of City of San Marcos v. BethkeCourt of Appeals of Texas · 1967

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