182 Ind. 98 | Ind. | 1914
This was a proceeding instituted in the Vanderburgh Circuit Court by appellants, as members of the Board of Water Works Trustees of the city of Evansville, for the condemnation of certain real estate in Vanderburgh County, to be used in connection with the water works and filtration plant belonging to the city of Evansville. A change of venue was taken to Warrick County where the cause was tried, which resulted in a verdict and judgment for appellees in the sum of $6,000.
It is the duty of appellants to show by their brief reversible error. In that part of the brief filed by appellants devoted to propositions, points and authorities, as required by clause 5 of Eule 22 of the rules of this court, four abstract propositions of law are set out' under separate headings, under three of which are numerous citations, but no specific mention is made of any ruling relied on as error. This does not comply with, the rule, and presents no question for our consideration. Kauffman v. Alexander (1913), 180 Ind. 670, 103 N. E. 481. If it were not for the fact that appellees, in their brief, refer to and discuss certain alleged errors, there would be no question for our decision.
Appellants complain that the court erred, in giving instruction No. 4. The part of the instruction complained of reads as follows: “I instruct you that in assessing the amount of damages, the jury are not required as matter of law to accept the opinion of witnesses as to values, hut must exercise your own judgment in determining that question, as well as the amount of damages, after considering all the evidence in this case, which may throw any light on the subject of damages sustained by the defendant Tardy”. We are of the opinion that the court meant that the jury was not bound to take the opinion of any particular witness as to value of the real estate and damages, but that the value of the real estate was to be fixed by the jury aftei considering all the evidence in the case on the question of damages, and was not open to the construction claimed by appellants, that the jury should be'the judges of the damages sustained without regard to the evidence.
Appellants contend further that the court erred in permitting evidence as to revenue derived from the use of the real estate, and the water which it fronted as a harbor. It was proper to prove the value of the property sought to be condemned for every purpose for which it could be used. As an element of value the revenue it was producing was proper to be considered by the jury as throwing light upon the question of value. Kennebec Water Dist. v. Waterville (1902), 97 Me. 185, 54 Atl. 6, 60 L. R. A. 856; Chambersburg, etc., Co. v. Turnpike Road (1902), 20 Pa. Super. Ct. 173; Braun v. Metropolitan, etc., R. Co. (1897), 166 Ill. 434, 46 N. E. 974; St. Louis, etc., R. Co. v. Capps (1874), 72 Ill. 188; Chicago, etc., R. Co. v. McGrew (1891), 104 Mo. 282, 15 S. W. 931; Chicago, etc., R. Co. v. Eaton (1891), 136 Ill. 9, 26 N. E. 575; Jacksonville, etc., R. Co. v. Walsh (1883), 106 Ill. 253; Cincinnati, etc., R. Co. v. Zinn (1868), 18 Ohio St. 417; Pittsburgh, etc., R. Co. v. Vance (1886), 115 Pa. St. 325, 8 Atl. 764; Stolze v. Mantiowoc, etc., Co. (1898), 100 Wis. 208, 75 N. W. 987; Weyer v. Chicago, etc., R. Co. (1887), 68 Wis. 180, 31 N. W. 710.
It is further insisted by appellants that the verdict is not sustained by sufficient evidence and is contrary to law. We have examined the evidence in the case, and find there is abundant evidence to support the verdict. There being no reversible error in the record the judgment is affirmed.