Brizzolara

Proceedings to condemn certain lands for a public street in the city of San Luis Obispo. The jury assessed the value of the land taken from the defendants at $6,500. The plaintiff moved for a new trial, upon the ground that the verdict was not sustained by the evidence. The court below was of this opinion, but held that the evidence would support a verdict for $5,000, and made an order that if the defendants would remit $1,500 a new trial should be denied. The defendants having remitted that amount, the court denied a new trial, and the plaintiff has appealed.

We have carefully examined the record, and are unable to concur with the views of the learned judge of the court below. The land sought to be taken for the *435 street has a frontage of eighteen feet and ten inches on Monterey street; and the highest estimate placed upon its value by any witness who testified upon the subject is $200 per front foot. Other witnesses estimated its value at a much lower amount. Some of the witnesses for the defendants stated that they estimated the land upon that side of the creek as worth about 25 per cent more than land upon the other side, and one of them said that if he was to buy this…