Good v. Droste

Citations

• 19 Ohio C.C. Dec. 581

Syllabus

<p>EMINENT DOMAIN — LANDLORD AND TENANT.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>Rights of Pabties to Lease to Damages fbom Condemnation of Property.</p> <p>Where premises leased with privilege of renewal are condemned for railroad purposes, and the jury fixes the value of the part taken, ‘with damages to the residue, and, in answer to a special interrogatory, finds the rental value of the premises has depreciated by reason of the appropriation, it is error for the court, in its order of distribution, to impound a certain portion of the verdict awarded to the lessee for payment of rent during the additional term in the event the lease is renewed, or to be paid in. full to the lessor in the event the lease is not renewed.</p> <p>[For other cases in point, see 4 Cyc. Dig.,'“Eminent Domain,” §§-453-458; 5 Cyc. Dig., “Landlord and Tenant,” §§ 337-339. — Ed.]</p> <p>[Syllabus approved by the court.]</p>