County of Sonoma v. De Winton

This action was brought by-respondent to condemn a right of way for a county road over the land of appellant. The issues as to the value of the land taken, severance damage and benefit to land not taken were submitted to a jury, which returned a verdict in favor of appellant for the sum of $354 for the land taken and no damages for severance from the land 'not taken. From the judgment rendered upon this verdict appellant has appealed. Appellant produced evidence tending to prove that the land taken was of the value of $1500; that the damage to the land not taken was from $25,000 to $45,360 and that no benefit was conferred upon the land not taken by the construction of the road. Appellant then offered in evidence the judgment-roll in an action brought by appellant against respondent and theretofore tried and determined. It appears from the findings contained in this judgment-roll that this former action grew out of an agreement entered into between appellant and respondent in the year 1919 by the terms of which appellant agreed in consideration of the sum of $250 to grant to respondent a right of way forty feet wide over and across his said land, the outside edge of said right of…