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STATE v. CURTIS

No. 13926.

361 S.W.2d 448 (1962)

STATE of Texas, Appellant, v. Charles E. CURTIS et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 24, 1962.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., Morgan Nesbitt, Edward A. Cazares, John Wildenthal, Jr., Watson C. Arnold, Winston P. Crowder, Asst. Attys. Gen., Austin, for appellant.

York & Swanner, McAllen, for appellees.

POPE, Justice.

The State of Texas has appealed from an award to Charles E. Curtis and wife for lands condemned for a controlled access highway in Hidalgo County. Slightly more than five acres were taken out of the sixteen-acre Curtis tract. The jury fixed the value of the five acres at $6,793.80, and the damages to the remainder at $10,764.00. State condemned the surface only. The controlling points on appeal concern the admission and exclusion of evidence. State...

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