Rio Grande Western Railway Co. v. Utah Nursery Co.
Rio Grande Western Railway Co. v. Utah Nursery Co.
Opinion of the Court
after stating the facts, delivered the opinion of the court.
In this case there are four distinct errors alleged by appellant upon which it relies for a reversal of the judgment. Two of these errors relate to the admission of evidence, and the remainder to the instructions given by the court. The instructions complained of' contain the following language: “Instruction 16. You should weigh the evidence carefully, and consider it all together. You should not pick out
Counsel for appellant further insist that the trial court erroneously permitted the following question to be propounded to one of respondents witnesses: “To-u say that what you mean is, if anybody wanted those trees at that particular season, they could go and make a bargain for them and get them; but there was no sale in the market, and only sales — . This is what you say, as I understand you, except as an individual might make a purchase for a certain quantity of stock if he happened to want to purchase it ?” The only objection made to this question was that it was leading, and therefore not competent. From a careful examination of the record, we see nothing that indicates an abuse of discretion in permitting this question to be answered. Both court and counsel were uncertain as to the exact meaning of previous statements made by the witness, and the question was propounded by -the consent of the court for the express
The last assignment of error relied upon by the appellant is the overruling by the court of an objection to a question propounded to one of appellant’s witnesses as to the market-value for residential or platting purposes of the land sought to be condemned. Nine witnesses for the defendants testified upon the question of the-value of the land, and that the entire tract of land was adapted and might reasonably be expected in the immediate future to be available for platted and residential purposes; that it had a market value not only for-farming or nursery purposes, but for the more valuable use. Some of the witnesses who testified upon this question for the plaintiff also testified that the land at that time was so adapted and available, and some of them testified that it had at that time a market value for euch' purposes. It further appears that each of defendants’ nine witnesses were asked the following question, in substance: “Taking into consideration the situation of the property as it was on October 8, 1900, and before the construction and operation of the railroad over a part of it, its topography and relation to contiguous property, its water supply derived from springs rising in ponds on the land, and its situation relatively to- the street car service, what, on the eighth day of October, 1900,' in your opinion, was the market value of the defendants’ land for residental or platting purposes ?” Plaintiff objected to the question as incompetent and irrelevant to- ask for the market value for a particular purpose. The plaintiff’s objection was overruled by the court, and plaintiff duly excepted. Apart from the fact that the question was answered, the record fails to disclose what the answer was. It seems
There appearing no reversible errors in the record, the judgment of the lower court is affirmed, with costs.
Reference
- Full Case Name
- THE RIO GRANDE WESTERN RAILWAY COMPANY, A Corporation v. THE UTAH NURSERY COMPANY, A Corporation, and WILLIAM SMITH
- Cited By
- 2 cases
- Status
- Published