12 S.D. 460 | S.D. | 1900
The board of supervisors of Lincoln township, Clark county, laid out a highway along the quarter-section line; taking a strip two rods in width of a, quarter section be
•On the trial one LaCraft, called as a witness on the part of the plaintiffs, in testifying as to the Schuler land, and was asked the following question: “Considering the disadvantages which would accrue to this land by reason of having this road laid out, aud also considering the value of the land it would take, what, in your opinion, would be the damage by reason of the laying out of this road?'.' To this question the defendant interposed thefollowing objection: ' ' -Objected to by appellant’s counsel for the reason that if assumes a state of facts, that other damages would be sustained; further, that it suggests the*, answer and asks for a conclusion, and is not a proper measure of damages " The objection was overruled, and the witness answered, “From four to five hundred dollars.” A t-similar question was asked the witness as to the Clafin land, same objection and ruling, and he'answered, “About ono hundred dollars.” Counsel for appellant contends that the overruling of the objections to these questions was clearly error, for
At the conclusion of the trial the court submitted to the jury questions to which they returned answers as follows: “Q. What do you find the value of the two acres proposed to be taken from the Schuler land for the proposed road? A. Twenty dollars. Q. If you find that said land would suffer other damages aside from the loss of said two acres, state the amount of such damage, and of what such damages consist, and give the amount of each iiem. A. By the diversion of travel, the damage to the sale of land to the amount of two hundred dollars. Q. What, do you find the value of the two acres proposed to be taken from the Clafin land for the proposed road? A. Sixteen dollars. Q. If you find that said land would suffer other damages aside from the loss of said two acres, state the amount of such damages, and of what such damages consist, and give the amount of each item. A. By the diversion of travel, the damage to the sale of land to the amouut of fifty dollars. [Signed] Emil Geise, Foreman.” The jury also returned a, general verdict in favor of the plaintiffs for the sum of -fi286. After the return'of the general and special verdicts, the defendant moved for judgment on the special
The court very properly instructed the jury as follows: "Now, I say to you in this case that the measure of damages in this case, or the amount to which the claimants are entitled, is such an amount as will place them back where they were be
After a careful examination of the whole case, we are of the opinion that the court committed no error either in the admission of evidence, overruling appellant’s motion for judgment upon the special findings, or in its instructions to the jury. The judgment and order denying a new trial are affirmed.