Texas Supreme Court

I. David Porras, Petitioner v. A. B. Craig, Respondent

July 11, 198427 Tex. Sup. Ct. J. 515

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for a new trial on actual and exemplary damages, holding that the plaintiff's testimony did not constitute evidence of market value and therefore no actual damages were proven, which precludes exemplary damages. The Court noted that if no market value reduction is shown, the plaintiff may seek damages based on the intrinsic value of the trees. A dissent argued that the testimony did show market value and that the verdict should be affirmed.