City of Garland v. Joyce

OPINION

WILSON, Justice.

The principal questions in this jury condemnation case relate to exclusion and admission of evidence. In our opinion con-demnor-appellant’s points concerning these matters must be sustained, and we reverse.

The City condemned a 1.23 acre tract out of 14 acres and a 3.84 acre tract out of 6.5 acres. The land is vacant and unimproved, and is transversed by a railroad and a creek. Part of it lies within the bed of the creek. The portion condemned is not served by an existing street. It is zoned for single family residences. No damage is claimed to the remainder.

The jury…