(Download) "State Texas v. Don W. Wair Et Al" by Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: State Texas v. Don W. Wair Et Al
- Author : Supreme Court of Texas
- Release Date : January 13, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The State brought this condemnation suit for a right-of-way east of Paris, Texas. The only question tried was the amount of damages. The landowner sought a new trial on the ground of jury misconduct. He alleged that the jury used a quotient verdict. The court, after hearing testimony from 4 of the 6 jurors, overruled the motion, thus finding that misconduct did not occur. The Court of Civil Appeals reversed on the grounds that it appeared beyond question and as a matter of law that misconduct did occur; and in the alternative, if there was some evidence to support the trial courts implied finding of "no misconduct", then it held that the finding was against the overwhelming weight and preponderance of the evidence. 349 S.W.2d 637. The question is whether this finding of the trial judge should be tested by (1) the great weight and preponderance of the evidence or by (2) abuse of discretion.