Idaho & Western Railway Co. v. Coey

Citations

• 73 Wash. 291
• 131 P. 810
• 1913 Wash. LEXIS 1594

Syllabus

<p>Eminent Domain — Damages — Items op Damage to Land Not Taken — Depreciation in Market Values — Instructions. In proceedings to condemn a railroad right of way through a farm, it is error to refuse to instruct the jury that, in determining the damages to land not taken, they may consider the depreciation in the market value of the remaining lands by reason of its increased exposure to fire, if any, and from the tendency to propagate gophers and squirrels along the right of way, if appreciable and imminent, and from the unsightliness, if any, caused by cuts and fills, and from the destruction of any natural water course, and the inconvenience of farming and cultivating the premises as divided.</p> <p>Same — Damages to Land Not Taken — Entire Tract as Whole. In such a case, where the tract was farmed as one body of land, it is error to refuse to instruct that the jury should consider the entire tract as one farm and determine the damages on the basis of how the construction of the road would affect the whole body of land as one farm.</p>