(concurring).
I agree that this case must be reversed and remanded for trial because of the improper submission of the issue of damages. The liability for the “taking” of appellees’ trailer is based upon the constitutional provisions (Art. 1, Sec. 17, Texas Con*247stitution) which permit recovery under the eminent domain theory, rather than any tort liability (State v. Hale, 136 Tex. 29, 146 S.W.2d 731, 1941), and should not be confused with a claim for damages caused by the negligent act or wrongs committed by its agents or officers. State v. Malone, 168 S.W.2d 292 (Tex.Civ.App.-Austin 1943, wr. ref. w. o. m.). The power of the State to take and damage private property is subject to the right of the owner thereof to adequate and proper compensation. State v. Carpenter, 126 Tex. 604, 89 S.W. 2d 194 (Comm’n App.1936, Opinion adopted). While the wrongdoer is not allowed to profit from his own wrong, the same rule should apply to the party allegedly aggrieved. Minter v. Sparks, 246 S.W.2d 954 (Tex.Civ.App.-Dallas 1951, ref. n. r. e.). Such action is authorized whereby the owner may recover for injuries to his property not covered by the assessment of damage in a prior condemnation. State v. Parchman, 216 S.W.2d 655 (Tex.Civ.App-Texarkana 1948, err. ref.); 30 C.J.S. Eminent Domain § 400, p. 485.
The State took appellees’ house trailer in 1962 and returned it to them in January 1965. The detention of the trailer by the State for this long period of time has caused injury and damage to the appellees, for which the Supreme Court in Brunson v. State, 418 S.W.2d 504, has directed that further proceedings be had, relative to the damages caused to the Brunsons. The trial court without any further guideline will be faced on another trial with determining the proper compensation for the injury resulting from the State’s action.
It is generally recognized in the State of Texas and elsewhere that the damages recoverable in cases of conversion or unlawful detention of property, are based on the value of the property converted and the interest on such value computed from the date of the conversion to the time of trial. 42 Tex.Jur. p. 583, sec. 65 and cases cited. 16 Am.Jur.2d, Sec. 82, et seq., p. 263. In this case appellees are entitled to damages based on the reasonable cash market value of the house trailer at the time of its conversion with interest thereon from the date of the conversion at the proper rate until date of trial. The State is entitled to a credit against this amount for the returned trailer which appellees accepted based on its reasonable'cash market value at the time it was returned.
Generally, the plaintiff is not entitled to recover the value of the loss of use of his property during the period of detention, the theory being that the allowance of interest upon the value of the property at the time of its conversion is equivalent to the value of the use of the property detained. Moore v. King, 4 Tex.Civ.App. 397, 23 S.W. 484. Recovery for loss of use is based on actual damages suffered by the plaintiff and should not be confused with damages for unlawful or willful taking which are exemplary damages, and for which the State is not liable.
Where the interest will not fully compensate the plaintiff, he may, in a proper case, recover the value of its use in lieu of interest, which could be properly included in the award for damages. Moore v. King, supra; 89 C.J.S.—Trover & Conversion § 172, p. 649. The correct measure of damages has been set out in Field v. Munster, 11 Tex.Civ.App. 341, 32 S.W. 417 (1895, Opinion adopted by Supreme Court, 89 Tex. 102, 33 S.W. 852, wr. ref.). In determining the question under what circumstances recovery of damages for loss of use, or alternatively of interest, the Supreme Court has expressed itself on the proposition. The Court directs that the jury should take into consideration the value of the use for the whole length of time it has been deprived, and allow such an amount for actual damages that will compensate the plaintiffs, whether computing it by the rule of interest or that of value of loss of use as to the jury may seem most adequate to that result. Craddock v. Goodwin, 54 Tex. 578. See Harris v. Christianson-Keithley Company, 303 S.W.2d 422 at 430 (Tex.Civ.App.-Galveston 1957, ref. n. r. e.) which follows the Crad-*248dock opinion. The jury is entitled to know-all of the facts for a proper determination of the damages, including the length of time of the detention of the trailer by the State.