171 Ind. 185 | Ind. | 1908
In a condemnation proceeding, instituted by appellant against appellees, the court instructed the jury, concerning appellees’ damages, that:
“ (1) The law does not permit the taking of property by a railroad corporation, for right of way purposes, without compensating the owner for the full value of the property taken, and the full amount of the. damage, if any, that results from the taking of such property. In fixing, the amount the defendant shall recover in this action, you may award him such an amount as will fully compensate him for the value of the property taken, and the damages, if any, resulting therefrom, and that will leave him, so far as values are concerned, in as good and favorable a situation as he was in before the appropriation. . (2) In determining the amount of «damages,*187 if any, that shall he awarded to the defendant, you should consider the amount, if any, which the tract of land of which the property taken is a part was reduced in value by the appropriation and use of the lands by the plaintiff; that is, you may consider not. only the value of the part taken, but also the extent to which the value of the balance of said tract was reduced, if any, by the taking, as shown by the evidence, and the inconveniences and annoyances, if any, resulting therefrom.”
Appellant insists that these instructions authorize a return of double compensation to áppellees, so far as they relate to the 'damages that may be awarded for the injurious effects the appropriation may havé had upon that portion of appellees ’ property not actually taken and occupied.
Judgment reversed, and cause remanded, with instructions to grant appellant a new trial.