Kirby v. Panhandle & Gulf Railway Co.

SPEER, Associate Justice.

This is a condemnation proceeding instituted by appellee against appellant, and the appeal is from a judgment in the County Court awarding appellant $1203.51.

After instructing the jury by general and special charges, the court submitted to them for determination the following special issues: “ (1) What was the market value of the 5.23 acres of land at or just before the appropriation of same for roadbed and right of way purposes on the 12th day of April, 1902? (2) What was the market value of the residue of defendant’s body of land at or just before the condemnation…