Western Pac. R.R. v. Reed

Citations

• 35 Cal. 621
• 1868 Cal. LEXIS 132

Syllabus

<p>Setting Aside Report op Commissioners in proceeding to condemn Land for Railroad Purposes—New Trials.—The provisions of the Practice Act in relation to motions for new trials have no application to a motion to set aside the report of the Commissioners in a proceeding to condemn lands for railroad purposes and such motion may properly be founded upon the report itself, of which the testimony taken by the Commissioners properly forms a part.</p> <p>Grounds of Awards of Commissioners in such Cases.—In such cases the Commissioners are not bound by the testimony of witnesses, but are both allowed and required to view the premises, and found their awards upon their own judgments, as well as the judgments of the witnesses.</p> <p>Idem—Setting Aside the Award when the Evidence is Conflicting.—The award of the Commissioners in such cases will not be set aside when there is a substantial conflict in the evidence.</p> <p>Idem—Where Deed, granting Right of Way, had been already Given.— Where, in a proceeding to condemn lands for railroad purposes, the railroad company had already obtained a deed from M., who was by it made a party to the proceeding granting the demanded right of way, and the Commissioners, nevertheless, awarded him damages: Held, that, as the right of way was already secured by contract, M. must look for his compensation therefor under his contract—and that the report of the Commissioners as regards M. must be set aside, and the Court below directed to dismiss the proceeding as to him.</p>