Lynchburg Investment Corp. v. Rudolph
Court of Appeals for the D.C. Circuit
Hearing oil an appeal by respondents from an order of tbe Supreme Court of tbe District of Columbia, confirming tbe verdict of a jury, awarding damages and assessing benefits in a condemnation proceeding. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an appeal from an order of tbe supreme court of tbe District of Columbia, confirming tbe verdict of tbe jury in a condemnation proceeding.
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Hearing oil an appeal by respondents from an order of tbe Supreme Court of tbe District of Columbia, confirming tbe verdict of a jury, awarding damages and assessing benefits in a condemnation proceeding. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an appeal from an order of tbe supreme court of tbe District of Columbia, confirming tbe verdict of tbe jury in a condemnation proceeding. Tbe proceedings were instituted by tbe Commissioners of tbe District of Columbia (Cuno H. Rudolph, John A. Johnston, and William V. Judson), under tbe provisions of tbe act of Congress approved…
1Opinion of the CourtJustice Van Orsdel
The exceptions may be considered in the following order:(1) Insufficiency of notice.(2) Failure of the court to instruct the jury that the burden of proof was upon the District to show the extent of special benefits that would result to appellants’ property from the opening of said street and avenue.(3) Failure of the court to instruct the jury that, in determining the amount of benefits to be assessed against the land of appellants, consideration should be given to the fact that appellants had already dedicated part of their land for the extension and widening of the street and avenue in…
2Cases cited9 opinions
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- Martin v. District of ColumbiaSupreme Court of the United States · 1907
- Mayor of Baltimore v. Smith & Schwartz Brick Co.Court of Appeals of Maryland · 1895
- Mayor of Baltimore v. HurlockCourt of Appeals of Maryland · 1910
- Stine v. WilksonSupreme Court of Missouri · 1846
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