Conlin

Plaintiff appeals from the judgment entered herein upon the verdict of a jury. A full statement of the facts out of which the litigation accrued, together with a consideration of the law therein involved, will be found in Conlin v. Southern Pacific R. R. Co., ante, p. 733, [ 182 Pac. 67 ]. Appellant’s complaint on this appeal arises out of the action of the trial court in refusing to instruct the jury that compensation for the land appropriated should include interest on the value of the property from August 19, 1910, the date of its appropriation by respondent here (appellant in the other appeal), and the like refusal of the court to include interest in the judgment entered on the general finding of the jury awarding damages in a lump sum to plaintiff.

[1] The court properly instructed the jury that, in considering the value of the land, and fixing the amount of compensation which the plaintiff was entitled to recover, such value was to be determined as of the time of the taking of the property by the defendant, to wit, at the expiration of the legal existence of the San Francisco and San Jose Railroad Company, and not as of the time of the trial, or other time subsequent to the…