160 Iowa 293 | Iowa | 1913
The record, before us is in a somewhat peculiar condition. Upon the trial below the parties dispensed with some proposed evidence on both sides by an oral agreement. The agreement was not entered of record. Counsel for both sides, however, deem themselves honorably bound by it. They do not disagree as to the nature and extent of it, and neither asks any advantage by reason of its omission from the record. The substance of the situation as stated in argument is that, after they had selected their jury in the trial court, they recognized the fact that it consisted of twelve farmers who were familiar with the values of farm lands throughout the county and with the effect on values of the location of a drainage ditch thereon. It was agreed, therefore, that no opinion evidence as to values would be introduced by either side, and that the jurors should apply their own opinions in such case. The agreement, though oral, was made in open court and was thus understood by judge and jury.
Whether the point of time selected for the comparison of values should be that of the establishment of the district or that of the construction of the ditch is a question which we had occasion to consider in Larsen v. Webster County, 150 Iowa, 344. We held in that gase that ordinarily the practical result was the same, whichever point of time be adopted. If the evidence should disclose a state of facts which would present different results, it could then be dealt with by appropriate instructions.
It is our conclusion that the assignment of error cannot be sustained, and the order of the trial court is accordingly Affirmed.