Public-domain · open source
OpenJurist

401 S.W.2d 880

Nelson v. State

Court of Appeals of Texas

Decided March 16, 1966

Court of Appeals of Texas · decided 1966-03-16

Cited by 2 later decisions — most recently April 1973

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1966-03-16

View the full empirical analysis of this case →

¶1ON MOTION FOR REHEARING

¶2It does appear, as appellee states, that testimony regarding the proposed construction of water lines across the Nelson property was admitted without objection. Appellants, in their brief, thought otherwise because of prior instructions of the Court. Appellee’s concession in this matter makes our decision on this point moot. In so holding, we assume that this same testimony will be admitted, if offered, on retrial.

¶3We disclaim any intention of holding that the result of condemnation proceedings could constitute a comparable sale. There may be other valid objections to the admissibility of evidence pertaining to comparable sales offered by appellants. We cannot pass on any such objections now because we do not know what they are. It is obvious that the principal purpose we sought to achieve in our opinion was to correct what we believe to have been an arbitrary and erroneous rule in excluding testimony of comparable sales offered by appellants.

¶4The motion is overruled.

/401/sw2d/880 · .json · Public domain