Caldwell Power Co. v. Russell

There is no exception made in the record as to plaintiff’s right to condemn the land for the purposes indicated, nor as to the regularity of the proceedings looking to that result, nor to the condemnation itself, the single question being as to the amount allowed defendants, and the rule given by which the same has been estimated.

On that issue the court charged the jury, in part, as follows: “The measure of permanent damages against this defendant for appropriating a right of way over plaintiff’s lands for the construction of an electrical overhead system is the difference between the fair…