San Francisco Unified School District v. Board of National Missions

In a condemnation action tried without a jury defendant appeals from the judgment awarding him $17,500. Plaintiff appeals from the portion of the judgment awarding defendant $47.09 costs, and from the order made after judgment allowing such costs.

Questions Presented

Defendant’s appeal: 1. By failing to object to its introduction may defendant now claim error as to certain evidence ? 2. Is the award grossly inadequate and unsupported? 3. Should view of premises by trial judge be disregarded?

Plaintiff’s appeal: May plaintiff, after the time prescribed by law to move to tax costs has expired, raise the question that defendant’s cost bill was filed too late?

Record

Plaintiff school district sought to condemn defendant’s three story brick residence and lot in Chinatown, San Fran-_ cisco. Defendant’s four real estate experts placed a value thereon of $29,000, $27,500, $27,500 and $27,000 respectively. Plaintiff’s three experts valued the property at $14,000, $14,900 and $16,000 respectively. After viewing the property itself the trial court fixed the value at $17,500.

1. Failure to Object.

Defendant’s main contention is that the court erred in allowing testimony of specific…