Central Power & Light Company v. Butler

POPE, Justice.

Appellant, Central Power & Light Company, appealed from a condemnation award of $2,000 for an easement it took from H. H. Butler, Sr., and others. The easement was south of Highway No. 90, west of Uvalde. Appellant urges that the jury was guilty of misconduct which probably resulted in injury. The trial court found that the jury committed misconduct, but that it was harmless. In our opinion the misconduct was probably prejudicial, and the cause should be reversed and remanded.

The court properly charged the jury to restrict its discussions to the evidence. It positively charged…