Scott v. Tubbs

delivered tbe-opinion of tbe court:

Tbe action was brought under tbe statute entitled “Eminent Domain,” and bad for its purpose tbe condemnation of tbe plaintiff in error’s land to tbe use of tbe defendant in error for an- irrigating canal. A jury assessed tbe plaintiff’s damages at forty dollars. Judgment was entered upon tbe verdict. Tbe costs, amounting to $303.50, were taxed against tbe plaintiff in error.

Several assignments of error are discussed in tbe brief, but we shall ignore all b.ut one, that relating to tbe improper conduct of tbe jury. Before proceeding to a consideration of tbe…