People v. Willis

TUTTLE, J.

This action was brought by the state of California for the purpose of condemning an easement for a highway to be constructed across the lands of defendant. The jury rendered a verdict assessing the value of the land

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taken at $625, and fixed the severance damages at $225. This appeal is taken from the judgment entered upon such verdict.

The sole ground urged for reversal is alleged error committed by the trial court in admitting certain testimony relative to the elements and factors involved in evaluating the land taken, and in the assessment of the severance damages.

The only specification of error reads as follows: “The trial court erred in permitting defendant’s witnesses to evaluate the 2.53 acres sought to be condemned, and in permitting defendant’s witnesses to estimate severance damages to defendant’s remaining property, upon the basis and assumption of speculative conjectural and nonexistent conditions.”

At the outset we might observe that a greater portion of the argument of appellant might more properly have been addressed to the jury which tried the case. The testimony of most of the witnesses for defendant is attacked upon the ground that it was conjectural and speculative, but in the cases of two witnesses only, was there an attempt by way of motion or otherwise, to call the attention of the trial court to the objections here made. If there were other objections, the brief of appellant fails to mention them, and we do not feel called upon to examine the record of several hundred pages to discover them. “The rule that objections not made in the trial court will not be considered on appeal applies to the objection that evidence was erroneously admitted. If a party would take advantage of the admission of improper testimony, it is necessary that he object to its admission when it is offered.” (2 Cal. Jur., p. 263.) Consequently, we will confine our opinion to the testimony of two witnesses for defendant—Leland Anders and Charles 0. Willis, as objection appears to have been made by plaintiff in respect to the testimony of each of them. At to the remainder of the testimony of defendant, we may assume that it was admitted without objection. It is therefore subject to the rule that “If evidence, not otherwise admissible, is admitted without objection, a finding based therein is proper.”