Sacramento Etc. R.R. Co. v. Heilbron

This action was to condemn for railroad purposes a strip of land extending diagonally across a tract owned by defendant. Following the jury’s award of damages defendant appeals, the principal contention upon appeal being that the court erred when instructing the jury upon' the law governing their consideration in estimating the damages sustained by defendant. The asserted errors are found in instruction VIII, laying down the rule for measuring damages for the land actually taken, and in instruction IX, where the jury is told how to arrive at the damages which may have resulted by the…