Crespi v. City of Waco
| Decision Date | 05 November 1925 |
| Docket Number | (No. 273.) |
| Citation | 277 S.W. 400 |
| Parties | CRESPI v. CITY OF WACO. |
| Court | Texas Court of Appeals |
Appeal from McLennan County Court; James R. Jenkins, Judge.
Condemnation proceedings by the City of Waco against Pio Crespi. From the judgment assessing compensation, defendant appeals. Judgment affirmed.
E. C. Street, of Waco, for appellant.
W. L. McConnell and John McGlasson, both of Waco, for appellee.
Appellee instituted this suit in the usual form for condemnation of certain real estate situated in Waco belonging to appellant to be used by appellee for alley purposes. Said application was duly filed with the county judge, who entered his order appointing commissioners, who were duly sworn and made their report, as required by law, to which exceptions were duly filed by appellant, and thereafter the cause was tried in the county court to a jury. The jury found that the property was worth $1,000, and judgment was entered accordingly, from which appellant has appealed.
The only issues presented by appellant relate to the admission and the exclusion of certain testimony. The record discloses that there is in existence a 20-foot alley in the business district of Waco, extending from Eighth to Ninth street between Austin and Franklin street a distance of 300 feet; that the city of Waco, appellee, owned 200 feet of the 300; and that appellant owned the remaining 100 feet, said 100 feet being directly in the rear of appellant's property, which faced 100 feet on Austin avenue. In order to obtain the use of said 20×100 feet off of the rear end of appellant's property for alley purposes, the condemnation proceedings were instituted by appellee. It was shown that all the other property on either side of the 20-foot alley was 165 feet deep; appellant's property being 185 feet deep by reason of extending across said alley. Appellant had constructed buildings on his property, which extended back to said 20-foot alley, but did not inclose same. The witnesses Watson, Torrance, and Moncrief, on direct examination, testified that in their opinion the 20×100 feet of property was worth from $600 to $750. On cross-examination appellant, in attempting to show that the witnesses Watson and Torrance were not qualified, went in detail into the value of said strip in connection with the remaining 165 feet, and each of said witnesses testified, in substance, that in his judgment the opening of the alley would enhance the value of the remaining 165 feet, and gave, in response to appellant's questions, a number of reasons why they held that opinion. After appellant had developed said line of testimony, the appellee, in examining said witnesses on said questions so developed, had the witnesses reiterate in part their testimony which they had given in answer to appellant's questions. Appellant complains of the action of the trial court in permitting said testimony to be offered, on the ground that the benefits that may accrue to the remaining property cannot be offset...
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City of Houston v. Schorr
...the jury which would apprise them of which party was dissatisfied with the award made by the Board.' In the case of Crespi v. City of Waco, Tex.Civ.App., 277 S.W. 400, which involved an appeal in a condemnation proceedings, the appellate court in its opinion impliedly sanctioned the testimo......
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