Port Townsend Southern Railroad v. Barbare

Citations

• 46 Wash. 275
• 89 P. 710
• 1907 Wash. LEXIS 604

Syllabus

<p>Eminent Domain — Damages—Market Value — Evidence. In condemnation proceedings the desire or unwillingness of the defendant to sell the land cannot he shown upon the question of its market value.</p> <p>Same — Evidence—Other Sales. In condemnation proceedings, it is incompetent for the defendant, upon the issue as to the market value of the property, to show the price paid by the condemning party for similar property.</p> <p>Same — Cross-Examination. Where, in condemnation proceedings, the court has permitted the defendant, on cross-examination of the relator’s witnesses, to show the price paid by the relator for similar property, it is error to refuse to allow the relator to show all the facts and circumstances under which its agents purchased the same.</p> <p>Same — Judgment—Entry—Election. In condemnation proceedings, after an assessment of damages by the jury, judgment cannot he entered for the amount of the award before the relator’s election to take the property, nor can the relator he required to make the election at once, hut the same may he made within a reasonable time after the decree of appropriation.</p>