126 Wis. 634 | Wis. | 1906
The principal contention of appellant is that the only ground, if any, upon which respondent can recover is for damages she has suffered, as an abutting prop
This court has held that the operation and maintenance of' street railroads upon the streets within the limits of a city, for the purposes of accommodating the public travel by aiding-in transporting persons from place to place on such streets, is a burden contemplated by the original taking of the lands for street purposes, and that the owner of the land occupied’ by the street is not entitled to damages additional to those-
Error is assigned .upon the admission of testimony bearing ■on the measure of damages, and on the giving of an instruction to the effect that the measure of damages was the difference between the market value of plaintiff’s abutting property just before the defendant commenced conducting its interurban business upon the street and its market value in September, 1904, when the award of damages was made by the •commissioners. The defendant commenced operating .this railroad in 1898. The true rule is as claimed, that the measure of damages is the difference, if any, at the time of the filing of the commissioners’ award, between the market value of the premises with the road located upon it and the market value at that time freed from the use and burden of the road. The erroneous statement of the rule by the court to the jury
It is also claimed that under the directions given the jury they probably included whatever damages plaintiff suffered' by reason of the operation of a city street railroad in this street. An examination of the instructions reveals that the court expressly and repeatedly instructed the jury that plaintiff was not entitled to any damages due to the conduct of such street railroad business. It must be. presumed that the jury followed the instructions of the court in this particular. We-do not consider the damages to be excessive, as claimed by the defendant. The evidence adduced abundantly supports the verdict.
A large number of instructions requested by defendant and covering a number of distinct propositions were refused/by the court. To these refusals a general exception was taken. Under such circumstances the exception does not avail to present questions for review. Lowe v. Ring, 123 Wis. 370, 101 N. W. 698. The exceptions taken to the instructions given and preserved and argued on this appeal are hereinbe-fore sufficiently covered in so far as they .require specific consideration. They have been examined, and we find no prejudicial error in the record.
By the Gourt. — Judgment affirmed.