Cleveland T. &. V. Ry. v. Gorsuch

Citations

• 18 Ohio C.C. Dec. 468
• 8 Ohio C.C. (n.s.) 297

Syllabus

<p>EMINENT DOMAIN — EVIDENCE.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>1. APPROPRIATION Proceedings — Proper to Show that Plaintiff Is Part op a Great Railway System.</p> <p>In appropriation proceedings brought by a railroad company, it is proper for a defendant to introduce evidence tending to show that plaintiff is a part of a great railroad system and is using a freight house as part of such system near to defendant’s property.</p> <p>2. Appropriation — General Selling Price op Land in the Neighborhood Admissible.</p> <p>It is error, in appropriation proceedings, to exclude testimony as to the general selling price of land in the neighborhood, for a brief period prior to such proceedings.</p> <p>3. Appropriation — Error to Exclude Purchase Price op Land in Question, ip Recently Bought.</p> <p>It is error to exclude the testimony of a defendant in appropriation proceedings, on cross-examination, as to the price he paid for the land in question when he bought it, that time being a little over a year before giving such testimony.</p> <p>4. Appropriation — Proper to Show Value op Land and Buildings Separately —Total Value is Sum op Values, of Land and Buildings in Absence op other Evidence.</p> <p>'n appropriation proceedings by a railway company, it is proper for plaintiff to introduce evidence to prove the value of the land in question separate from the buildings thereon, and also the value of the buildings separate from the land. In the absence of all other evidence as to the value of lands and buildings together, the aggregate of the above two values should be taken as the value of the parcel.</p> <p>[Syllabus approved by the court.]</p>