Appeal of Piper

Citations

• 32 Cal. 530
• 1867 Cal. LEXIS 98

Syllabus

<p>New Trial in Case op Report op Commissioners.—The rule that a verdict will not be set aside and a new trial granted, on the ground that it is contrary to the evidence, where there is a substantial conflict in the same applies to the report of the Commissioners appointed to assess the damages and estimate the benefits resulting from the widening of a street, and to the judgment of a Court affirming the report, where the Commissioners make a personal inspection of the premises, with even greater force than to verdicts of juries, or findings of a Court based on evidence alone.</p> <p>Estimate op Benefits Resulting prom Widening Street.—It is not erroneous for Commissioners appointed to estimate the benefits that will result to property holders by the widening of a street, to assess the same upon the hypothesis that all lots on the street will be benefited in the ratio of their values, provided, there is evidence warranting such a conclusion.</p> <p>Assessments on Lot Owners por Widening Street.—If Commissioners appointed to assess damages and estimate benefits to lot owners for widening a street apportion the amount of money to be raised into two or more parts, one part on the property holders of the street to be widened, and another part on the owners of property fronting on the cross streets determined to be benefited, and no complaint is made as to the correctness of this apportionment, the owners of lots on the street to be improved cannot complain of the manner in!.which the part apportioned to the cross streets is afterward apportioned among the property holders on those streets, and vice versa.</p> <p>Benefits accrue to Land.—The benefits resulting from the widening of a street accrue to the owner through his estate in the land, whether the estate bo a fee or a leasehold, and not through the buildings thereon. The enhancement in value accrues to the land, not to the buildings.</p> <p>Assessments on Cross Streets benefited, Constitutional.—A statute authorizin