111 Mich. 509 | Mich. | 1897
(after stating the facts).
It is contended that he had an interest, as found by the jury, in the 44-foot strip, and that, therefore, this interest should have been set up in the petition. This interest' was only that of the right of passage over the 44-foot strip, which he had in common with others who lived in the vicinity. This right was not destroyed by appropriat-, ing the strip for a street. His right of passage continued the same, and the jury found that he suffered no damage in this respect. It was not, therefore, essential to describe this interest in the petition, even if it were known to the petitioner.
3. Witnesses were permitted to give their opinion as to the necessity of taking this land for public use. This was objected to by the respondent Lull as “calling for a conclusion.” Such testimony has been held incompetent. City of Detroit v. Brennan & Co., 93 Mich. 338; City of Grand Rapids v. Bennett, 106 Mich. 528. But in City of Detroit v. Brennan & Co. we refused to reverse the judgment on account of its admission, holding that, under the facts of that case, the jury could not have been misled by the answer. The statute providing for appeals in these proceedings says that this court may “for any substantial error reverse the judgment and grant a new trial.” 3 How. Stat. § 3064n. Early in the trial the jury were sent to view the premises. The jurors were from the vicinage. The testimony was very full, showing the relation of this proposed improvement to the
5. Man}*- objections and exceptions were taken to the admission and rejection of testimony. This opinion would be of great length were each of these questions discussed. None of them raise questions which are of importance to the profession, or to the parties to this litigation. It is therefore sufficient to state that we find no error in them.
C. The instruction of the court was a clear and explicit enunciation of the law applicable to condemnation proceedings. It covered fully the rule as to public necessity
The judgment is affirmed.