McDougall

The action is in eminent domain. The complaint was filed and summons issued on October 21, 1910, and the action was tried before a jury September 21, 1911, resulting favorably to plaintiff. The only question involved on the appeal is as to the date at which the value of the property was to be determined. Defendant sought to interrogate witnesses as to the value of the property at the time of the trial, and requested the court to instruct the jury -that they should find its value at that time as damages to be allowed the defendant, but the court adopted the theory that the law fixed the date of the issuance of the summons as the time to which the inquiry should be directed. The contention of appellant grows out of the consideration that section 1249 of the Code of Civil Procedure was amended on April 10,1911, while the present action was pending. Prior to said amendment the section read: “For the purpose of ascertaining compensation and damages the right thereto shall be deemed to have accrued at the date of the summons, and the actual value at that date shall be the measure of compensation.” The section as amended (Stats. 1911, p. 842) provides that: “Section twelve hundred and…