Wright v. Laugenour

Citations

• 50 Cal. 556

Syllabus

<p>View op Land by a Juey.—In ejectment, the statute authorizes the court to direct the jury to he conducted to view the land in controversy; but it does not authorize them to view any other property than that which is in litigation.</p> <p>View by Juey op Pbopebty in Suit as Evidence.—The jury, when directed by the court to view the land in litigation, in ejectment, cannot use the result of their examination as independent evidence in the case.</p> <p>View op Land by a Juey.—An instruction to a jury sent out to view land in controversy “ that they examine the land, examine the quality of the soil, and the growth upon it,” and that “ you avoid, forming an opinion as to its quality until you have finally heard all the evidence,” does not authorize them to take into consideration the result of their own examination as independent evidence.</p>