174 Ind. 236 | Ind. | 1910
Lead Opinion
Appellant instituted this action to condemn and appropriate a portion of appellees’ lands for a right of way for an electric railroad. Appraisers were appointed, and to their award of damages both parties excepted. The cause, upon exceptions as to the damages sustained, was submitted to a jury for trial, and a verdict for $820 returned in favor of appellees.
The overruling of appellant’s motion for a new trial has been assigned as error. The grounds for the motion relied upon are, error of the court in denying to appellant the right to open and close in the introduction of evidence and in argument to the jury, in excluding exhibit B, offered by appellant, in refusing to allow a witness to state what he would pay for certain parcels of appellees’ land after the construction of the proposed road, and in giving and refusing to give certain instructions.
Appellee Joseph B. Wiles was a witness in his own behalf, and testified to damages, aggregating $1,105, resulting from the appropriation. Appellant offered in opposition to said testimony a written contract signed by said Wiles and others, in which they agreed to convey to appellant, for the sum of $218, substantially the same rights sought to be appropriated. The writing was excluded, and appellant complains of this ruling.
In its complaint for this appropriation appellant had inserted certain reservations for the benefit of the landowners, and other promissory stipulations of the character indicated in this instruction; and in the order appointing appraisers the court had adjudged that the appropriation be made subject to such reservations and stipulations.
As no harmful error is shown in the record, the judgment is affirmed.
Rehearing
On Petition for Rehearing.