Etienne

The respondent was plaintiff in a condemnation proceeding by which it was sought to take a certain lot with two houses thereon belonging to the appellant. A trial was had at which three witnesses testified on behalf of the respondent, and a like number on behalf of appellant. The court accepted the opinions of the former set of witnesses and rendered judgment that the property be condemned and that the price of $5,670 be paid to the defendant and appellant herein. This appeal is taken from that judgment.

Complaint is made of the rule in this state which places the burden of proof on the defendant to establish damages in an action of this character. However, appellant’s counsel recognizes that such is the law, and we concur with him in that view.

It is urged that the court should have received in evidence testimony which was offered, but denied admission, to prove the special affection for the premises which the owner entertained because of past associations and other considerations, such as that it held hallowed souvenirs of his deceased wife. Authorities are cited to the effect that where property has no market value the measure of damages is its value to the owner. This rule…