Los Angeles County v. Reyes

Citations

• 3 Cal. Unrep. 775
• 32 P. 233
• 1893 Cal. LEXIS 985

Syllabus

<p>Eminent Domain—Opening Private Road—Damages.—Where defendant, through whose land a private road was surveyed, refused to accept the compensation awarded, and the case was tried by a jury, he cannot complain of the jury’s action in assessing damages on the ground that the evidence is insufficient to justify the verdict, as the burden of proving damages rests on defendant.1</p> <p>Eminent Domain—Private Road—Public Use.—Political Code, section 2692, provides that a private road may be opened for the convenience of one or more residents or freeholders in the same manner as public roads are opened, except that only one petitioner shall be necessary. Held, that while the principal use of such private road may be for the petitioner, as a means of egress from his farm, it is also for the use of the public, in deriving the benefit of his products, and in going to his place, and the legislature has the power to declare it a public use, for which the right of eminent domain may be exercised.2</p> <p>Appeal—Oral Instructions.—The Appellate Court will not Consider an objection to oral instructions given by the trial court, where no exception was taken, nor the attention of the court called to anything objectionable therein.</p>