Appeal of Brooks' & Joseph's

Citations

• 32 Cal. 558
• 1867 Cal. LEXIS 99

Syllabus

<p>¡New Trial.—The rule laid down in Piper’s Appeal, ante, 530, as to granting a new trial on the ground that the judgment is not warranted by the evidence, affirmed.</p> <p>Specification of Objections to Confirming a Report.—A specification in an objection to the confirmation of the report of the Commissioners appointed to estimate benefits and assess damages to lot .owners for widening Kearny street, in San Francisco, that the Commissioners have assessed some lots far beyond, and others much below the proper sum,” is too general to admit proof that a lot in which the objector had no interest was assessed relatively too low in comparison with another lot in which the objector has no interest.</p> <p>Competency of Witness on Trial about Confirming Report.—A Commissioner appointed to estimate benefits and assess damages to lot owners in the matter of widening a street in a city, is a competent witness on a trial in the County Court upon the question of confirming the report of the Commissioners when objections are made to it.</p>