Greider v. Elizabethtown & Florin Street Railway Co.
Greider v. Elizabethtown & Florin Street Railway Co.
Opinion of the Court
Opinion by
This is a proceeding to assess damages for the location of the line of defendant company over a tract of land owned by the plaintiff and the appropriation of about
The tract of land contained about fifty-five acres, three acres of which the plaintiff had owned prior to 1905 and, in April of that year, had purchased the fifty-two acres adjoining. With regard to the uses to which the property was devoted, at the time of the taking, the plaintiff testified: “I am engaged in the farming and poultry business, fancy poultry business.” In his examination in chief he was interrogated at length by his own counsel as to the uses to which he had devoted the several parts of the land. He testified that the poultry business was all conducted on that part of the land south of the turnpike, through which the right of way of the defendant company was located; that part of the land so devoted to the poultry business comprised about six acres, upon which there were located two large poultry houses and about a half dozen small ones, “in addition to that, that is, the poultry yards in addition to the houses, of course, fences, and all.” He described the location of these poultry houses and the runs or yards thereto attached with relation to the right of way, and explained that it had been necessary to remove one of the poultry houses and change the “chicken runs” connected with the others. He distinctly testified that “Because of the drainage and the southern exposure,” this part of the land was better adapted for poultry purposes than any other part of the farm. He described the inconvenience to which he was put by the location of the right of way through the poultry plant, because of the necessity which it occasioned for carrying feed, fowls and eggs across the line. He testified that the rest of the farm, which would be about forty-nine acres, “was farm land under cultivation.” Upon cross-examination he again repeatedly testified that the poultry plant, at the time of the location of the right of way and down to the time of the trial, occupied and was entirely included within a tract containing about six
The assignments of error all relate to the manner in which counsel for defendant was permitted to cross-examine the witnesses whom plaintiff had called, as experts, to testify to the effect upon the value of the tract resulting from the appropriation of the right of way of defendant company. These witnesses having testified as to the amount of the damages to the tract, as a whole, the appellant now complains that the court erred in permitting counsel for defendant, upon cross-examination, to interrogate them as to the value of the different parts of the land, as distinguished from each other by the uses to which they were devoted. The contention of the learned counsel for the appellant seems to be that in a proceeding of this character where a witness has testified as to the effect upon the value of the tract as a whole he can, upon cross-examination, only be asked, in the effort to obtain the basis of his judgment, as to such subdivisions of the tract as are caused by the location of the right of way and other public highways which intersect the tract.
It must be borne in mind that these witnesses were called to testify as experts. In estimating the value of the tract before and after the taking, its possible and probable uses are important elements, and may be shown
The plaintiff having testified that one part of this land was specially valuable because of its peculiar adaptability for a particular use, that the remainder of the farm was suitable for other uses, and having introduced testimony tending to inflate the value of the whole farm because of the uses to which a limited part of the tract was capable of being devoted, it was entirely proper to permit the cross-examination of the expert witnesses of which the appellant complains. The purpose of such cross-examination is not to vary the general rule for ascertaining the damages to the property, it is rather to enable the jury to properly estimate the weight to which the testimony of the witness is entitled.
The judgment is affirmed and the appeal dismissed at cost of the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.