77 Iowa 20 | Iowa | 1889
Lead Opinion
II. The first error assigned-relates to the admission of certain testimony touching the measure of damages, and to the clear, understanding of the question it will be unnecessary to set out in detail any part of the evidence given or offered. The north half of block 9 and block 10 were separated by a street or alley. The land in each of the blocks, as described, lay in a body, except that it was platted into lots for sale, and was a part of the town-site. The plaintiff, to establish his damage in consequence of the location of the road, offered evidence to show the value of block 10 before and after the location of the road, and the same of the half of block 9. The defendant objected to the testimony in each case on the ground that in each tract there were lots not crossed or touched by the right of way, and that the testimony was irrelevant and immaterial.
III. Error is assigned to the giving of certain instructions by the court, and the refusal of some asked by appellant. One given by the court, to which exception was taken, was in exact harmony with the rule adopted as to the admission of testimony, which we approve, and hence, of course, we approve the instruction. One asked by appellant announced an exactly opposite rule, and was rightly refused. The remaining errors assigned, as to giving and refusing instructions, are not argued, and we do not consider them.
Affirmed.
Dissenting Opinion
(dissenting.) — In my opinion each lot should be regarded as a separate tract or parcel of real estate. They are so treated in all ordinary dealings, and the law so regards them. Plaintiff was entitled to be compensated for the damage to the lots touched by the right of way, but as to the others the injury is the same as that sustained by other proprietors whose property is similarly situated. If he had not owned any of the lots touched by the right of way, but had owned the others, no one would contend that he was entitled to be compensated for the injury to them, and I know of no principle upon which he is entitled to be compensated for that injury, simply because he happens to own those lots, a part of which was taken.