Knoth v. Barclay

This action was brought in 1881, under the provisions of our act on the subject of eminent domain. Petitioners, who are defendants in error, sought to procure the assessment of damages arising from the construction of an irrigating ditch over the lands occupied by respondent, who is plaintiff in error. The latter demanded a jury to assess these damages, and one was accordingly sworn. After examining the property, hearing the evidence, and receiving instructions from the court, the jury awarded the sum of $1 as compensation to respondent for the injury. To reverse the judgment entered upon…