175 Ind. 103 | Ind. | 1911
Appellant filed its complaint in the Superior Court of Marion County against appellees, William I. Ripley and his wife, to condemn certain land of appellee William I.
Appellee William I. Ripley filed written exceptions to the appraisers’ report as follows (omitting caption and subscription) : “ Exceptions to appraisers’ report. The above-named defendant, William I. Ripley, hereby excepts to the report and award of the appraisers herein on the following grounds: (1) The valuation of the land sought to be appropriated is reported by said appraisers to be $60 a front foot, instead of giving the valuation of the entire tract, taking fully into account the depth of said land. (2) The damages assessed in the finding, as to the value of the land appropriated, are entirely inadequate and said land is worth very much more than the amount found and reported in said appraisers’ report. Wherefore, said defendant prays the court that that portion of the appraisers’ report fixing the value of the land appropriated be set aside, and that the value of said land and the amount of damages sustained by defendant by the appropriation of the land proper be assessed by the court, said defendant, however, accepting the valuation of the improvements at $1:500, as reported by said appraisers.”
Appellant filed no exception. The cause was submitted to a jury for trial, and at the close of appellees’ evidence, appellant filed its motion to withdraw the case from the jury, which motion, omitting caption and subscription, was as follows: “ Now at the close of defendants’ evidence plaintiff ¡noves that the court withdraw this case from the consideration of the jury, and enter judgment in favor of plaintiff, affirming the award of the appraisers, heretofore filed in this cause, on the grounds and upon each of the following separate
This motion was overruled by the court, and plaintiff excepted. At the proper time plaintiff requested the court to instruct the jury as follows: “ (1) Under the evidence in this case, it is your duty to find for plaintiff. (2) The court instructs you that if you find from the evidence that defendants have only excepted to a part of the report of the appraisers, and that they claimed the benefit of a part of said report, then, by claiming the benefit of a part of the report, they have forfeited their right to have damages assessed by the jury, and are bound to accept the amount given by the appraisers. (3) The court instructs you that defendants did not have the right to accept a part of the finding of the appraisers, and appeal from a part of their finding. They must have accepted or rejected the report of the appraisers as a whole; and, inasmuch as they claimed the benefit of the appraisers’ report and allowance in their favor for the value of the buildings, they thereby lost the right to have the report of the appraisers reviewed by you. You are instructed therefore to find the following values in this case as your verdict, to wit:
For the land, $60 a foot, or.......... $3,000.
For the improvements............... 1,500.
Total damages.................. $4,500.”
The instructions requested were refused, and appellant excepted, and a verdict was returned assessing appellees’ damages at $1,500 for improvements and $4,750 for the land, or a total of $6,250, on which judgment was rendered for appellees, and from which this appeal is prosecuted.
The errors assigned by appellant are the overruling of its motion to withdraw the case from the jury, and the over
Judgment affirmed.