100 Cal. 434 | Cal. | 1893
Proceedings to condemn certain lands for a public street in the city of San Luis Obispo. The jury assessed the value of the land taken from the defendants at $6,500. The plaintiff moved for a new trial, upon the ground that the verdict was not sustained by the evidence. The court below was of this opinion, but held that the evidence would support a verdict for $5,000, and made an order that if the defendants would remit $1,500 a new trial should be denied. The defendants having remitted that amount, the court denied a new trial, and the plaintiff has appealed.
We have carefully examined the record, and are unable to concur with the views of the learned judge of the court below. The land sought to be taken for the
We do not consider that this report of the commissioners was competent to show the value of the land in question. It has been held that for the purpose of ascer
The judgment and order are reversed, and the court is directed to grant a new trial of this issue.
Paterson, J., and Garoutte, J., concurred.