San Bernardino & Eastern Railway Co. v. Haven
Synopsis
Eminent Domain — Compensation — Evidence—Benefit from Railroad. — In an action to condemn a right of way for the proposed use of a railway corporation, it is incompetent to show that oranges would bring a better price by reason of the railroad being there, or that the value of the crop is dependent on the market, and its accessibility thereto, or that the accessibility of the produce of the land to the market, by reason of the construction of the road, would prevent any depreciation in its value.
Id.—Construction of Constitution — Benefits to Land not Taken.— Section 14 of article 1. of the state constitution, providing for compensation for property taken for public use by a private corporation, “irrespective of any benefit from any improvement proposed by such corporation, ” is not limited to the land taken for a right of way by a railroad corporation, but has reference also to benefits which may accrue to the land not taken, and the amount of damages to the portion of the land of the defendants not condemned must be fixed, irrespective of any benefit which may result to defendants from the proposed railroad.
Id.—Increased Cost of Irrigation — Uncultivated Land.—The increased cost of irrigating uncultivated land which is shown to be adapted for cultivation, and to require irrigation, which would be caused by the building of the railroad through the land involved, is a legitimate subject of inquiry, for the purpose of ascertaining the damage sustained by the owner.
The Court. — The plaintiff, a railway corporation, instituted this action against certain parties, as the owners of separate tracts of land, for the purpose of condemn[491]ing, to the use of the corporation, a portion of the land of each of the parties owning the tracts, as a right of way for the line of its road across these several tracts. Some of the parties made no answer, and the matter of their compensation is not in issue here.
Some answered, setting up that the lands sought to he condemned were not necessary to be taken for the proposed use of the railroad as a right of way, but demanding that if the lands are taken, the value thereof, and damages for the taking, etc., be awarded to them.
Others filed an answer in the nature of a general denial of the allegations of the complaint.
A trial was had before the court and a jury between the plaintiff and the defendants, J. W. Hall, A. M. Ham, H. H. Linville, H. H. Jones, F. E. Dudley, J. D. Lang-ford, C. H. Tyler, J. B. Tyler, James Fleming, and C. A. Lamb. The jury assessed damages in favor of all the parties with respect to each tract of land affected by the taking of the proposed right of way, and upon that the court rendered its judgment, following the verdict of the jury, etc. From that, and an order denying a new trial, the plaintiff appeals.
The principal errors relied on for a reversal of the judgment and order seem to be the rulings of the court upon the admission and rejection of evidence.
The damages alleged to have been done to the land of defendant H. H. Linville, who owned it separate from the other defendants, was being inquired into from him as a witness, and upon cross-examination, he was asked by plaintiff’s counsel these questions: —
“ Is it not a fact that oranges will bring a better price by reason of the railroad being there?
“Isn’t the value of the crop dependent on the market that you have for it, and its accessibility to the market?
• “Will not the accessibility of the produce of the land to the market, by reason of the construction of that road, prevent any depreciation in its value?”
These were all objected to, and the objections sustained by the court, on the ground that they were immaterial
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