Carter v. City of Tyler

McKAY, Justice.

This is a condemnation suit brought by appellee, the City of Tyler, seeking to condemn the fee interest in the surface of 11.-54 acres of land out of a 125 acre tract owned by appellants, Joseph L. Carter and Grace Carter. A stipulation having been entered into by both parties as to the right of the City to condemn this property, only the issue of damages was tried to a jury. The jury found the cash market value of the surface estate of the 11.54 acres to be $5,770.00, but found that the remainder of 113.47 acres had neither been damaged nor specially benefitted by the…