61 Iowa 716 | Iowa | 1883
— I. We will consider the objections to the judgment presented in argument by defendant in the order of their discussion by counsel.
The separate tracts of land as fixed by the government survey were used together as one farm, ' not separately and as 'distinct farms. The improvements and some cultivated land are on the south side of the road, the greater quantity of plow 'and pasture land is on the north, thus constituting the whole one farm, made up of all the separate government subdivisions. In determining plaintiff’s damage, the court properly held that the injury to the whole farm should be considered. Hartshorn v. B., C. R. & N. R'y Co., 52 Iowa, 613; Renwick, Shaw & Crossett v. The D. & N. W. R. Co., 49 Id., 664.
IY. The language of an instruction given to the jury in
The last sentence of -the instruction was taken out .by the separation of the paper, and the instruction as thus changed was given. The instruction as modified is correct, and the part eliminated is erroneous. If the land is of less value on account of the matters referred to in the part taken out than it was before the road was built, they constitute a proper element of damages; the value of the land before and after the construction of the road being the true criterion of damages. The sentence eliminated is inconsistent with the other part
The object and spirit of this provision is to so direct that the changes in the instruction, and the parts given and refused, shall be unmistakably indicated, to the end that the action of the court may be clearly shown, in order that it may be reviewed. We cannot suppose that the legislature attaches any importance to the form or manner of changes, further than that they should be so made as to effectuate this object. The court below, in changing the instruction, well defined the part of the instruction given and the part refused. This is sufficient.
Other elements of depreciation of value complained of by counsel, which were referred to by the witnesses, were, by an instruction to the jury, expressly excluded from their consideration. No prejudicial error, resulted therefrom.
The foregoing (iiscussion covers all questions pressed in argument by counsel for defendants. The judgment of the circuit court is
Affirmed.