City of Oakland v. Pacific Coast Lumber & Mill Co.

This is an action in eminent domain. The jury’s award of damages was not acceptable to defendant, which appeals. Its principal complaint upon appeal is that the trial court mistook the law controlling appellant’s right to compensation; that this mistake was carried through the rulings of the court in its refusal to receive offered evidence and in its instructions to the jury. But before approaching this consideration one minor matter invites attention.

Upon voir dire it was shown that one of the jurymen was a resident and taxpayer within the city of Oakland. Defendant ’s challenge to this…