# Nelson v. State

> Court of Appeals of Texas · March 16, 1966 · 401 S.W.2d 880

URL: https://www.frixlaw.com/law-library/cases/9778750

## Case

- **Full name:** Helen R. NELSON Et Vir, Appellants, v. the STATE of Texas, Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** March 16, 1966
- **Citations:** 401 S.W.2d 880
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Hughes
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9778750

## Opinion text

ON MOTION FOR REHEARING
It 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.
We 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.
The motion is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9778750. Public record. Not legal advice.