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TEXAS ELEC. SERVICE CO. v. NIX

No. 18011.

575 S.W.2d 304 (1978)

TEXAS ELECTRIC SERVICE COMPANY, Appellant, v. Carl L. NIX et ux., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Opinion on Motion for Rehearing December 14, 1978.

Rehearing Denied January 11, 1979.

Attorney(s) appearing for the Case

Cantey, Hanger, Gooch, Munn & Collins, and S. G. Johndroe III, Fort Worth, for appellant.

McMillan & Lewellen, and Garry Lewellen, Stephenville, for appellees.

OPINION

MASSEY, Chief Justice.

In this condemnation case we conclude that a certain jury finding was so contrary to the greater weight and preponderance of the evidence as to be clearly erroneous; that, as a result, the jury finding upon a value of a 5 acre strip of farm land condemned for railroad trackage was excessive. The consequence is a necessity to reverse the judgment and remand the entire case for another trial.

Carl L. Nix and his wife...

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