In re the Petition for Regrade of Jackson Street

Citations

• 47 Wash. 243
• 91 P. 970
• 1907 Wash. LEXIS 747

Syllabus

<p>Eminent Domain—Trial—View by Jury. A view of premises by a jury may be ordered in condemnation proceedings, under Bal. Code, § 4998, authorizing such views in civil actions; nor is said section limited by the act (Bal. Code, § 783) authorizing a view in condemnation proceedings without making provision for any person to point out the place. ,</p> <p>Trial—View by Jury. Under Bal. Code, § 4998, the court may appoint a person other than an officer to point out a place to be viewed by a jury.</p> <p>Same—Objections—New Trial—Appeal—Harmless Error. The objections that a person appointed to point out property to a jury in making a view is an interested witness, and was not sworn, are too late if first made on motion for a new trial; and are not ground for reversal unless it is shown that a substantial right of the party was prejudiced.</p> <p>Eminent Domain—Damages—Mitigation—Evidence. Upon an issue as to the damages from the regrade of a street, evidence as to whether buildings, the foundations of which were destroyed, could he moved hack or lowered or removed, is admissible.</p> <p>Same—Instructions—Municipal Corporations—License to Occupy Street. Upon an issue as to whether damages from the regrade of a street might he mitigated by the temporary removal of the buildings into the street, the court properly refused to instruct that the city could not grant an exclusive franchise for the use of any street, since the city might license the temporary occupancy of the street for such a purpose.</p> <p>Same—Verdict—Separate Findings. It is only where property „ is taken, and not where it is damaged, that the jury may he required to make separate findings on the damages to buildings thereon and on the value of the buildings to he removed.</p> <p>Same—Trial—Reception of Evidence. Where the city, at the commencement of the trial, offered the petition and certain documentary evidence to show its right to condemn, it is not necessary to reoffer the same upon taking up the ques