Bowen v. Atlantic & French Broad Valley R. R.

Citations

• 17 S.C. 574

Syllabus

<p>1. Where incompetent testimony is received without objection at the trial, no ground is thereby afforded for a motion for a new trial.</p> <p>2. On appeal .to the Circuit Court from the assessment of damages for a right of way to a railroad .company, an issue was framed and submitted to a jury in the Circuit Court in words “how much compensation is the appellant entitled to for the right of way through his lands.” Reid, that the submission was sufficiently specific to justify the jury, in accordance with the terms of the statute, in estimating not only the value of the land taken, but also such special damage as the construction of the road through his land would cause to the land-owner.</p> <p>3. There would seem to be no error in permitting witnesses to give general estimates of the damages, but no objection to such testimony having been made at the trial, it cannot be raised here.</p> <p>4. The Circuit Judge committed no error in charging the jury that in estimating the special damage done to the land-owner by the condemnation of a right of way through his lands, they might consider inconvenience of a permanent nature, the rattle of the train, blow of the whistle, smoke of the engine, etc.</p> <p>5. This Court cannot consider exceptions alleging excessive damages in a verdict.</p>