KEITH, Justice.
The State appeals from a judgment entered in an eminent domain proceeding wherein it sued to acquire 43.914 acres of land in Kerr County for use as a right-of-way for Interstate Highway 10. In a jury trial in which only the Carpenter Case issues [State v. Carpenter, 126 Tex. 604, 89 S.W.2d 194, 201 (1936)] were used, the value of the land taken was found to be $33,150.00, and the damages to the remainder was set at $16,665.50.
Although the...
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