Consolidated Traction Company v. Jordan
Decision Date | 03 October 1905 |
Docket Number | 5,489 |
Citation | 75 N.E. 301,36 Ind.App. 156 |
Parties | CONSOLIDATED TRACTION COMPANY v. JORDAN |
Court | Indiana Appellate Court |
From Hendricks Circuit Court; Thomas J. Cofer, Judge.
Condemnation proceedings by the Consolidated Traction Company against John A. Jordan. From a judgment assessing damages, such company appeals.
Affirmed.
James L. Clark, for appellant.
Thad. S. Adams and Brill & Harvey, for appellee.
Appellant filed its instrument of appropriation in the office of the clerk of the Hendricks Circuit Court, by which it sought to appropriate for its right of way certain lands belonging to appellee. Such proceedings were had that appraisers were appointed and filed their report of damages assessed in favor of appellee. Within the time fixed by statute appellee filed his exceptions to the report on account of the inadequacy of the damages assessed. Upon the issues joined by the instrument of appropriation and appellee's exceptions thereto, the cause was tried before a jury resulting in a general verdict assessing his damages at $ 550.
Appellant's motion for a new trial was overruled, and the only error assigned is the ruling on such motion. A reversal is asked upon three grounds: (1) Because the court erred in giving instruction number three; (2) because of the admission of certain evidence on behalf of appellee; (3) because the court refused to admit certain evidence on behalf of appellant.
The instruction complained of is as follows: The measure of damages to a landowner for land appropriated for a railroad right of way is the difference in the value of the real estate at the time of the appropriation and the value of the residue after the strip is taken under the appropriation proceedings. Chicago, etc., R. Co. v. Mason (1901), 26 Ind.App. 395, 59 N.E. 185; Evansville, etc., R. Co. v. Swift (1891), 128 Ind. 34, 27 N.E. 420; Indianapolis, etc., R. Co. v. Pugh (1882), 85 Ind. 279; Indiana, etc., R. Co. v. Allen (1885), 100 Ind. 409. While the instruction complained of does not announce this rule in as clear and explicit language as it might, we do not think that it materially departs from the rule which is so well established in this State. We do not think there was any error in giving this instruction.
Complaint is made because the trial court, over the objection of appellee, refused to allow a witness, Logan S. Halfacre, to answer a question as to the value of appellee's real estate just as it was at the date of the trial without any railroad on it. It is contended by counsel for appellee that the court correctly sustained the objection on the ground that the witness had not shown himself competent to answer it. Appellee's land was in the town or village of Pittsboro. The witness lived about two miles north of Pittsboro, where he owned real estate and had lived for about eighteen years. The witness disclosed by his answers to preceding questions that he knew the location and surroundings of appellee's land; that he had made measurements of this particular land with reference to the buildings upon it, the amount appropriated for the right of way, the particular manner and direction in which...
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