Case Citator › State v. Carpenter

State v. Carpenter

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of Texas
Citation
89 S.W.2d 194
Decided
Confirmed treatments
1
Flagged citations read
34 of 34
Citing cases (total)
34
Treatment dates
1966
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Carpenter was overruled in part. All 34 flagged citations have been read.
More on how this was screened

The Texas Supreme Court later rejected Carpenter's language supporting a pro rata valuation of land taken when the owner claims no damage to the remainder. It continued to follow Carpenter's basic rule for compensating a partial taking. The confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

34 later cases cite State v. Carpenter; 34 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State v. Carpenter?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Texas Supreme Court disapproved Carpenter's language to the extent it allowed pro rata valuation of the land taken when the owner waived damages to the remainder.

    State v. Meyer · Supreme Court of Texas · filed

    State v. Carpenter, supra. We have examined these authorities, and, insofar as there is language therein inconsistent with the rule of valuation announced in this opinion, it is now disapproved.
    Read the full opinion on CourtListener →

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