Louisiana Ry. & Navigation Co. v. Morere

Citations

• 116 La. 997
• 41 So. 236
• 1906 La. LEXIS 614

Syllabus

<p>1. Expropriation—Jury of Freeholders.</p> <p>The jury of freeholders, in an expropriation case, should be taken as much as possible from the vicinage.</p> <p>2. Jury—Recusation of Juror.</p> <p>1-Iis being the brother of one of the counsel in the case is not good ground for recusing a juror.</p> <p>[Ed. Note.—For cases in point, see vol. 31, Cent. Dig. Jury, § 419.J</p> <p>3. Expropriation—Evidence of Value.</p> <p>So long as assessments are not made at the market value of property in this state, the offering of them, for the purpose of showing value in expropriation cases, will be a useless incumbering of the record.</p> <p>4. Same—Evidence.</p> <p>The statement of the notary that the price recited in the act is the true price, so far as he knows, is not sufficient proof of the true price for the purpose of making the act admissible as proof of value in an expropriation ■case.</p> <p>5. Same—Expert Evidence.</p> <p>In an expropriation case, in order that a witness should be admitted to testify as an expert as to value, it suffices that he shows he has some knowledge of the value of the property in question.</p> <p>[Ed. Note.—For eases in point, see vol. 20, . Gent. Dig. Evidence, §§ 2217, 2273.]</p> <p>6. Same—Evidence.</p> <p>The verdict of the jury in a case between other parties for the expropriation of property of similar character in the neighborhood, is good evidence of value.</p> <p>7. Same.</p> <p>Whether an estimate of the value of the particular property, or of neighboring property of similar character, is, or not, too remote, is a question depending upon the facts of the particular case. If the only change in the property since the estimation was made has been a steady rise in its value, the remoteness of the estimate might perhaps offer to the defendant good ground of objection, but surely not to the plaintiff.</p> <p>8. Evidence—Parol Evidence.</p> <p>Parol evidence is admissible to show an agreement of sale of neighboring property, when the purpose