San Diego Gas & Electric Co. v. Lux Land & Co.

This is an action in eminent domain by which the plaintiff, the respondent herein, seeks to acquire an easement over the property of the defendants Engel, the appellants herein, for an electrical transmission line, a gas line, and a telephone line. The issues of public use and necessity were tried before a judge without a jury, who found in favor of the plaintiff. The compensation issue was tried before a different judge by a jury which fixed the defendants’ damages in the sum of $7,201. Judgment of condemnation was entered accordingly, and the defendants have appealed therefrom. On appeal, the defendants have segregated their contentions into two general groups, i.e., (1) those involving the public use and necessity issue, and (2) those concerning the compensation issue.

Public Use and Necessity Issue

With respect to the public use and necessity issue, in substance, the defendants contend that the judgment should be reversed because the plaintiff has failed to plead or prove (1) that the acquisition of the easement was authorized by the plaintiff’s board of directors; (2) that the proposed easement has been located in the manner most compatible with the greatest public good and…