Spokane & Palouse Railway Co. v. Lieuallen
Idaho Supreme Court
APPEAL from District Court, Latah County. The value of the land at the date of the summons, and not the present value, must be taken in determining the value by the jury. (Railroad Co. v. Mayne, 83 Cal. 566, 23 Pac. 522; Railroad Co. v. Kimball, 61 Cal. 91; Tehama Co. v. Bryan, 68 Cal. 57, 8 Pae. 673.) Improper admission of evidence, to justify reversal of judgment, must appear to have injuriously affected the party objecting to its admission.
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APPEAL from District Court, Latah County. The value of the land at the date of the summons, and not the present value, must be taken in determining the value by the jury. (Railroad Co. v. Mayne, 83 Cal. 566, 23 Pac. 522; Railroad Co. v. Kimball, 61 Cal. 91; Tehama Co. v. Bryan, 68 Cal. 57, 8 Pae. 673.) Improper admission of evidence, to justify reversal of judgment, must appear to have injuriously affected the party objecting to its admission. (Latterett v. Cook, 1 Iowa, 1, 63 Am. Dec. 428; Barton v. Kane, 17 Wis. 38, 84 Am. Dee. 728; Kisling v. Shaw, 33 Cal. 425, 91 Am. Dec. 645; Ripon v.…
1Opinion of the CourtHuston, J.
Plaintiff, a railroad corporation organized under the laws of the state of Washington, brings this action to condemn certain real estate situate in Latah county, state of Idaho, belonging to defendant, for railroad purposes. The action is brought under the provisions of title 7 of the Eevised Statutes of Idaho. Complaint was filed and summons issued on September 26, 1890. Answer filed February 2, 1891. The only issue raised by the pleadings is the amount of damages assessable against plaintiff corporation for the land sought to be condemned. The cause was tried before a jury at the June term,…
2Cited by5 opinions
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- State Ex Rel. Moore v. BastianIdaho Supreme Court · 1978
- Baltimore & Ohio Railroad v. Bonafield's HeirsWest Virginia Supreme Court · 1916