City of La Mesa v. Tweed & Gambrell Planing Mill

COUGHLIN, J. pro tem. *

This is an appeal from a judgment in an eminent domain proceeding involving the taking of a 40-foot strip of land, which was part of a larger parcel belonging to the defendants. By its verdict, the jury found that the market value of the whole parcel was $70,000; the market value of the part proposed to be taken was $10,500; and the severance damage to the remaining property was $47,500. The plaintiff seeks a reversal because of error in instructing the jury; in the admission of testimony; and in refusing to permit the plaintiff to take the whole parcel.

In 1936, the…