City of Los Angeles v. Kerckhoff-Cuzner Mill & Lumber Co.

Action brought to secure, by condemnation, a strip of land for street purposes. Defendant R. H. Herron Company was dissatisfied with the award of damages made by the trial court, and appeals from the judgment.

Appellant in the course of the trial in the superior court offered in evidence a diagram showing the tract of land owned by it, and which would be divided into two parts by the opening of the street proposed to be extended through the same. John M. Sands, a witness familiar with the ground and the diagram, testified as follows: “It is a diagram showing the tract in question and the locations of the shops and improvements of various kinds already constructed by us on that tract, and the locations as planned for the additional improvements to be constructed hereafter; also location of existing switch tracks and proposed additional switch track.” The court refused to admit the diagram in evidence, and this ruling is the only error claimed. From the bill of exceptions it appears that appellant was allowed, unhindered by the court or objection of counsel, to prove the particular use to which the property was being put, and also its worth, considering the most valuable use to…