Spokane & Palouse Railway Co. v. Lieuallen

Citations

• 3 Idaho 381
• 29 P. 854
• 1892 Ida. LEXIS 24

Syllabus

<p>Condemnation of Land — Measure of Damages — True Basis to Estimate Damages. — 1. In proceedings for the condemnation of land for railroad purposes under the statutes of Idaho, the value of the land at the time it is taken is the measure of damages, and it is error to admit evidence of value at time of trial; where, however, one witness stated the basis of his estimate of damages to be the value of land at the time of the trial, and several others stated that their estimate was based upon the value at the time of the taking, and the court repeatedly charged the jury that the value of the property at the time of the taking was the true basis, the refusal of the court to strike out the testimony of such first witness held not to be reversible error.</p> <p>What Paid to Owners of Adjacent Land. — 2. It is error to estimate damages, in such a case, upon what has been paid by the corporation, seeking the condemnation of land, to owners of adjacent property.</p> <p>(Syllabus by the court.)</p>