Morris

This action was brought by the plaintiff to condemn land and take the same for public use for the opening, widening and extending of Fifth Street in the city of Los Angeles. The defendant Annie F. Young is the owner of land through which the extended street will run. Under the condemnation proceedings she is entitled to compensation for that part of her land taken for street purposes, and separately to compensation for damages to her adjoining land not taken for the public use. She appeals from the interlocutory judgment, entered pursuant to the verdict of a jury which assessed said compensation and damages, and appeals “from the order denying the motion of said defendant for a new trial, made, given and entered on or about the ninth day of July, 1923.” (Street Opening Act of 1903, sec. 13.)

First we shall deal with the contention made by appellant that the court erred in determining that the compensation and damages to be awarded to her should be fixed and assessed as of the fifth day of December, 1921. The action was brought under the Street Opening Act of 1903. (Stats. 1903, p. 376, and subsequent amendments thereto; Deering’s Gen. Laws, 1923 ed., Act 8198.) Section 10 of that…