75 So. 897 | Ala. | 1917
In its application to the probate court appellant sought to condemn simply a right of way for its railroad over the lands of appellee. When the case reached the circuit court appellant offered to amend its application, so as to show an easement for a limited term of 15 years as the interest to be condemned. The court, on appellee's objection, denied the amendment.
The application was subject to proper amendment in the circuit court (Newton v. Ala. Mid. Rwy.,
The defendant Hohenberg, testifying as a witness for himself, had a good deal to say about the value of his property. Without having objected to any question eliciting this testimony, plaintiff moved to exclude the whole of it, assigning no ground for its motion. It is entirely safe to say that not all of the witness' testimony was illegal, while, as for other possible objections to parts of it, they were waived by a failure to interpose them to the questions which drew out the answers.
The witness Tate showed an acquaintance with the property in question and with the general situation in the neighborhood. It was not improper to allow him to give in evidence his opinion that the property was suitable for the building thereon of dwelling houses. 15 Cyc. 726.
It is not made clearly to appear by the bill of exceptions that the question asked of Gamble in reference to lot No. 43 was open to objection on account of any rule declared in Alabama Central R. R. Co. v. Musgrove,
Other assignments of error are of no particular interest and need not be considered separately. We find in them no reason for a reversal.
Affirmed.
ANDERSON, C. J., and McCLELLAN and GARDNER, JJ., concur. *151