Panhandle & Gulf Railway Co. v. Kirby

STEPHENS, Associate Justice.

This cause is again before us on appeal, but the position of the parties on the docket is now reversed. See Kirby v. Panhandle & Gulf Ry. Co., 88 S. W. Rep., 281. On the last trial the court submitted the case on special issues, in response to which the jury found:

I. That the market value of the 5.23 acres of land condemned by the railway company for its right of way on the 12th day of April, 1902, was on that day and immediately before it was condemned, $12.50 per acre.

2. That the tract of land owned by the appellee over which the right of way was condemned…