18 Mo. App. 632 | Mo. Ct. App. | 1885
Opinion by
Defendant complains of the instruction directing the jury not to estimate inconveniences common to other* lands in the same neighborhood. This objection is not tenable under the City of Springfield v. Schmook, 68 Mo. 394-6 ; Cooley’s Constitutional Limitations 566.
A like instruction is found in the case of the Wyandotte, Kansas City & Northwestern Railway Company v. Waldo (70 Mo. 629), and though not discussed in the opinion, it is set out in full and appears not to be criticised.
Defendant likewise complains of that part of the first instruction for plaintiff in which the jury are told not to “take into consideration any prospective use of said land by laying out the same into town lots and blocks, but will consider the market value of said land at the time, as shown by the evidence,” as being contrary to law, and contradictory of and inconsistent with the other instructions in the cause.
The instructions taken together present the case properly to the jury. By that part of the first instruction for plaintiff quoted above, it is not meant to exclude from their consideration the fact that the property lay adjoining the city of Sedalia, and was so sknated that it would make desirable property for lots and blocks ; but only that they should not consider any use of it in the future, or as to what might or might not be done with it in the future. The idea being to exclude from their consideration any matter of conjecture as to what might be, done with the land in the way of laying it out into town
It follows the judgment should be affirmed.