Texas & Pacific Railway Co. v. Southern Development Co.

Citations

• 52 La. Ann. 535

Syllabus

<p>Syllabus*.</p> <p>1. Jury’s Estimate of Value. In estimating the value oE land for the expropriation of a right of way, it is not necessary to take the jury’s estimate as correct.</p> <p>2. There is a Bight of Appeal. Though It is left to estimate the value of the land to he expropriated, the verdict is subject to review on appeal.</p> <p>3. Case Comes up Anew on Appeal, while the jury’s verdict is entitled to respect, the facts and the law are considered anew by the appellate tribunal.</p> <p>4. The Value of the Property. Property may have the greatest value in “commerce” and “in exchange,” and very little value in “use.” The lands, inferior as farming lands and of limited value as such, have, on account of their situation some value “in commerce.” If considered with reference to farming, the land would be of little value, and if considered with reference to its value in the course of time in view of the extension of a town, it would be very valuable. Adopting neither extreme, the court fixed upon the medium between the two and increased the verdict.</p>