STATE v. LOESSIN

No. 10816.

343 S.W.2d 494 (1961)

STATE of Texas et al., Appellants, v. O. E. LOESSIN, Jr., et ux., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 1, 1961.


Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., H. Grady Chandler, Joseph G. Rollins, L. P. Lollar, Asst. Attys. Gen., W. S. Lott, Georgetown, Special Counsel, for appellant.

Fox & Fondren, Barkley & Cutcher, Taylor, for appellees.


HUGHES, Justice.

This suit was brought by O. E. Loessin, Jr. and wife Elizabeth Loessin, against the State of Texas and the Texas Highway Commission under the permission granted by the Legislature in S.C.R. No. I, 2nd Called Session, 55th Leg. p. 197 (1957).

The only issue submitted to the jury, other than issues as to value was:

"Do you find from a preponderance of the evidence that the property of the plaintiffs was damaged by reason of the construction...

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