29 Minn. 318 | Minn. | 1882
The respondent owned and occupied a tract of land •containing some 30 acres, a part of which had been some years ago platted and laid out into village lots, but such lots had never in any way been separated from each other or from the rest'of the tract, except, by the imaginary lines indicated on the plat, and respondent had continued to use, and still used, the whole as one farm or tract for residence and general farming purposes. The appellant, pursuant to the provisions of Sp. Laws 1870, c. 57, § 4, and Sp. Laws 1879, c. 185, § 4, filed its petition to acquire by condemnation the right of way across this tract of land, in which it described or mentioned only those particular lots, according to the platted survey referred to, through which the proposed right of way passed, and made no mention of the remainder of the tract owned by respondent. Upon the trial in the court below, upon an appeal from the award of the commissioners, the respondent was allowed, under the objection and ex•ception of appellant, to show the damage to the entire tract or farm caused by appellant’s taking the strip through it described in the petition ; and the court instructed the jury that the respondent was not limited in the damages he was entitled to recover to the particular lots through which this strip passed, but that, in assessing damages, they were to take into account the damage to the entire tract.
The ruling and instruction of the court upon this point were correct. It must now be considered settled that in proceedings to acquire the right of way for a railroad by condemnation, either under •the general railroad law or under the provisions of special charters
The fact that the land-owner, in his notice of appeal from the award of the commissioners, follows the description of the premises contained in the petition, does not affect the ease, or limit the range of inquiry by the court and jury in determining the amount of his damages. The whole land, being a compact body, used and occupied as an entirety, constituted only one tract, notwithstanding its division into lots by the imaginary lines of the survey and plat referred to. Sherwood v. St. Paul & Chic. Ry. Co., 21 Minn. 122.
The commissioners made their award on the 18th of April. The respondent introduced evidence as to the value of the land at that time, and also as to what it would be worth less by reason of the taking of this right of wray through it for the purposes of this railroad. Evidence was also introduced showing that the value of property in that
The court had a right to limit the number of witnesses which each side could call upon the question of the value of the property. It has been frequently held that the court has a right to limit the number of witnesses upon a collateral issue, such as the credibility of a witness. Bissell v. Cornell, 24 Wend. 354; Nolton v. Moses, 3 Barb. 31; Bunnell v. Butler, 23 Conn. 65. The same right is commonly exercised in limiting the number of expert witnesses, and witnesses as to value, whose testimony is mainly or largely a matter of opinion, and where the number that might be called might be extended almost indefinitely. To hold'that in such cases a party has a right to examine as many witnesses as he pleases, and that the court is bound to listen without the right to interfere, might lead to very serious inconveniences. The limitation in this case to five witnesses on each side was a reasonable and proper exercise of discretion on the pai:t of the trial court.
Order affirmed.