Monterey County v. Cushing
California Supreme Court
Appeal from an order of the Superior Court of Monterey County, granting a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
— This was a proceeding to condemn land for the purposes of a road. The trial court gave judgment for the defendant, but subsequently made an order granting a new trial; and the defendant appeals from that order.
1. At the trial the plaintiff put in evidence the preliminary proceedings before the board of supervisors, the report of the viewers, and the proceedings confirm*509ing such report, but gave no evidence of the value of the property sought to be condemned, or of the damage resulting from the segregation. The findings show that the court, in deciding the case, did not consider that…
2Cases cited11 opinions
- Sherman v. BuickCalifornia Supreme Court · 1867
- Humboldt Cty. v. DinsmoreCalifornia Supreme Court · 1888
- California Southern Railroad v. Southern Pacific RailroadCalifornia Supreme Court · 1885
- Pico v. CohnCalifornia Supreme Court · 1889
- Tehama County v. BryanCalifornia Supreme Court · 1885
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3Cited by35 opinions
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1891
- Rancho Santa Margarita v. VailCalifornia Supreme Court · 1938
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Collins v. ScottCalifornia Supreme Court · 1893
- People v. ThomasCalifornia Court of Appeal · 1952
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