Vanblaricum v. State

— A petition was filed by Vanbíaricum, before the board of internal improvement, for damages to his land occasioned by the Central canal. The appraisers decided against the claim, and the complainant appealed to the Circuit Court. Verdict and judgment for the state.

The Court instructed the jury, inter alia, as follows : In estimating the complainant’s damages, the jury should take into consideration all th'e advantages and disadvantages resulting to him from the canal, as to all his real property in the vicinity of the canal.

This instruction ought not to have been given. In estimating the…