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10 Texas opinions name it 2 courts 1954–2009 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sawyer v. Fittsgreen2 sentences2009Sawyer v. Fitts, 630 S.W.2d 872, 874-75 (Tex.App.-Fort Worth 1982, no writ). 2009Sawyer v. Fitts , 630 S.W.2d 872, 874-75 (Tex.App.-Fort Worth 1982, no writ). | 3 | 3 |
Golden Eagle Archery, Inc. v. Jacksongreen1 sentence2008Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757, 761 (Tex.2003). [3] As the supreme court has summarized these governing principles: It has been uniformly recognized in the development and refinement of the market value test for determining severance damages that the State v. Carpenter method of trial and submission is appropriate in all but exceptional cases. | 1 | 1 |
Exxon Corp. v. Middletongreen1 sentence2001Id. at 871 ; see also Exxon Corp. v. Middleton, 613 S.W.2d 240, 245 (Tex.1981) (amount realized under a sales contract does not affect the lessor’s royalty obligations under a market-value clause). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Texas Oil & Gas Corporation v. Vela
green
1 sentence2001Id. at 871 ; see also Exxon Corp. v. Middleton, 613 S.W.2d 240, 245 (Tex.1981) (amount realized under a sales contract does not affect the lessor’s royalty obligations under a market-value clause). | 1 | 2001–2001 |
City of Tulsa v. Mingo School District No. 16
green
2 sentences1992As in our case, the city agreed at trial that the school had no market value, but then urged on appeal that the market value test should be used. 559 P.2d at 493 . 1992As in our case, the city agreed at trial that the school had no market value, but then urged on appeal that the market value test should be used. 559 P.2d at 493 . | 1 | 1992–1992 |
City of San Antonio v. Congregation of the Sisters of Charity of the Incarnate Word, Inc.
green
1 sentence1992Id. at 337 . | 1 | 1992–1992 |
State ex rel. Southwestern Bell Telephone Co. v. Public Service Commission of Missouri
green
2 sentences1986Cf. Southwestern Bell Telephone Co. v. Public Service Comm’n, 262 U.S. 276 , 292, 43 S.Ct. 544 , 548, 67 L.Ed. 981 (1922) (Bran-déis, J., dissenting: vicious circle when telephone rates are based on value determined by capitalization of earnings). 1986Cf. Southwestern Bell Telephone Co. v. Public Service Comm’n, 262 U.S. 276 , 292, 43 S.Ct. 544 , 548, 67 L.Ed. 981 (1922) (Bran-déis, J., dissenting: vicious circle when telephone rates are based on value determined by capitalization of earnings). | 1 | 1986–1986 |
Black Lake Pipe Line Co. v. Union Construction Co.
red
1 sentence1981This Court held in Black Lake Pipeline Co. v. Union Construction Co., 538 S.W.2d 80 (Tex.1976), that prejudgment interest is recoverable when damages are established at a definite time and the amount of damages is definitely determinable. | 1 | 1981–1981 |
Texas P. R'y Co. v. Nicholson
green
2 sentences1972Texas P. Ry. v. Nicholson, 61 Tex. 491 (1884). 1972Texas P. Ry. v. Nicholson, 61 Tex. 491 (1884). | 1 | 1972–1972 |
Gold Star Meat Company v. Union Pacific Railroad Company
green
2 sentences1972R., 438 F.2d 1270 (10th Cir. 1971) holds that the burden is on the carrier to show that the market value rule will not result in a just measure of actual damages. [2] all these cases involved physical damage to the property shipped, but the same market value measure of damages applies. 1972R., 438 F.2d 1270 (10th Cir. 1971) holds that the burden is on the carrier to show that the market value rule will not result in a just measure of actual damages. 2 All these cases involved physical damage to the property shipped, but the same market value measure of damages applies. | 1 | 1972–1972 |
Dallas Railway & Terminal Co. v. Strickland Transp. Co.
green
1 sentence1954Co., Tex.Civ.App., 225 S.W.2d 901, 903 , this court again held in part that: “Manifestly it would not be fair to a defendant for the plaintiff to sue for the difference in the market value of the vehicle 'and then establish his damages by the introduction of various items of the costs of repairs, such as parts, material and labor necessary to' restore it to its original condition.” If it is not permissible to allege damages under the market value rule and then establish them under the rule of the reasonáble costs of repairs, as was held in those cases by this court so cited, then the converse | 1 | 1954–1954 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.