Montana Railway Co. v. Warren

Citations

• 137 U.S. 348
• 11 S. Ct. 96
• 34 L. Ed. 681
• 1890 U.S. LEXIS 2093

Syllabus

<p>In this case the record contained the pleadings and a motion for a new trial, which motion was authenticated by the trial judge and set forth at length all the proceedings at the trial, including the evidence, the exceptions to testimony, the instructions to the jury, the exceptions- to those instructions, a bill of exceptions in due form, properly certified by the presiding judge, the verdict, and the judgment on the verdict. This proceeding was in accordance with the practice authorized by the Statutes of Montana. Held, that it was sufficient for the purposes of review here.</p> <p>Kerr v. Clampitt, 95 U. S. 188, distinguished from this case.</p> <p>In this court inquiry is limited to matters presented to and considered by the court below, unless the record presents a question not passed upon by that court, which is vital, either to the jurisdiction, or to the foundation of right, and not simply one of procedure.</p> <p>In a proceeding under the right of eminent domain to condemn, for use in the construction of a railroad, an undeveloped ‘ ‘ prospect ” in mineral land, the testimony of a competent witness, familiar with the country and its surroundings, as to the value of the land taken, may be received in evidence, inasmuch as such property is the constant subject of barter and sale, although its absolute and intrinsic value may be uncertain before development.</p> <p>As it is difficult to lay down any exact rule as to the amount of knowledge which a witness as to the value of lands condemned for use in the construction of a railroad must possess, the determination of that matter must rest largely in the discretion of the trial judge.</p>