62 Iowa 193 | Iowa | 1883
I. The land of the plaintiff is situated about three miles and a quarter from the court-house in the city of Des Moines, and two miles in a direct line from the city limits, and two miles and fifty-two rods, by the traveled road, from the city limits. The approach to the land from
The plaintiff, while upon the stand as a witness, was asked to describe to the jury what character of highway Greenwood Avenue is, and “as to how it is arranged,” and as to the character of improvements along that avenue, and how it was laid out. Another witness was asked substantially the same questions. The witnesses were allowed to state, over defendants objection, that said avenue was graded and widened about one hundred feet three years before that, and the land along the avenue was laid out in small tract for residences, and that it had finer improvements upon it than any other street running out of Des Moines.
"We think that, in view of the whole record in this case, taking into consideration the character of plaintiff’s land, the purposes for which it had been used, and its remoteness from Greenwood Avenue, this testimony should not have been allowed to go to the jury.
It is true that in proceedings of this character it is competent to show the situation and general surroundings of the land to which the controversy relates, whether it may be ap-
"We have examined this record through with care, and have to say that we cannot hold that this error was without prejudice. The amount of the verdict, and the great differences between the witnesses as to the damages to the plaintiff’s land, lead us.to think that the fact that land on Greenwood Avenue was very valuable had much to do in moulding the judgment of some of the witnesses, who testified that the difference in the value of the land before and after the appropriation of the right of way was from $2,000 to $2,500.
It is unnecessary to examine the other alleged errors. It may be proper to say, however, that we find no error in the instructions given by the court to.the jury.
Reversed.