37 Ind. App. 248 | Ind. Ct. App. | 1905
On April 4, 1903, appraisers, appointed in condemnation proceedings instituted by appellant, awarded appellees $1,100. On April 13, 1903, appellant filed its exceptions to the award, and on May 8, 1903, paid the amount of the award to the clerk of the circuit court. On the same day the clerk paid the award so received to the attorneys of appellees. Afterward the case was tried before a jury in the circuit court on the issues raised by the exceptions filed by appellant, and a verdict for $1,350 returned by the jury in favor of appellees. Judgment was rendered in appellees’ favor for $1,350, but, upon appellant’s motion, was afterwards modified and rendered for $250.
no appeal had been taken the title to the land would have vested, and would have related back to the date of payment. As an appeal was taken, appellant did not acquire title, but did have the right to hold possession and proceed with the construction of its road pending litigation. It asked the circuit court to fix the compensation that should be paid. It continued the proceedings. By its own act it created a condition with which it must comply before it could acquire title. Having prosecuted its appeal to judgment it must pay or tender the amount so fixed by the court, and on failure to do so it acquires no title to the land, and its right to hold possession and prosecute its work ceases.
Objection is made to that part of the instruction which says the jury may 'consider “any other things either annoying or hurtful and necessarily incident to the permanent location and operation of a traction line across a farmer’s premises.” While we do not approve this instruction, yet, in view of the instructions given at appellant’s request, we do not think there was reversible error in giving it. At appellant’s request the jury were told that in assessing the damages they could not take into consideration remote or fanciful injuries which rest wholly in conjecture, and do not admit of an estimate in damages; and certain particular things were specified which the jury were told they could not consider in estimating the damages.
The verdict returned by the jury is not such as suggests that they were influenced by passion and prejudice. There is evidence to sustain the findings of the jury. We can not disturb the conclusion reached by them without weighing the evidence, and this we can not do.
Judgment affirmed.