Schuler v. Board of Supervisors

Citations

• 12 S.D. 460
• 81 N.W. 890
• 1900 S.D. LEXIS 57

Syllabus

<p>1. It is not reversible error to allow a witness, in answer to a cxuestion as to what he considered the damage, to land by reason of the laying out of a. highway' thereon, to stale the amount of damages, without giving the value of the land before and altor the location of the road.</p> <p>2. Where the amount in a special finding as the value of land taken for a higwav, together wiili the findings of the other damages, expressed as ‘damages by diversion of travel.” equaled the general verdict, there was no error in refusing a motion for judgment on the special findings.</p> <p>3. In estimating the amount of damages for the taking of land for highway purposes, the jury may take into consideration the diversion of travel from a former highway on which plaintiff's buildings were located, increase in taxation, expense of building additional fences, and any other facts which the jury find from the evidence decrease the value of the premises.</p>