Rumpp

Action to condemn a right of way over appellant’s premises.

Upon the first trial of this action, by a judgment entered October 6, 1890, damages were awarded the defendant, Minnie Rumpp, as follows: Value of land taken, $75; cost of fencing, $100; damage by severance, $600; total, $775, and costs.

The plaintiff paid the damages into court, and took possession, and constructed its road. The defendant received the money so paid, and, having filed her abandonment of all defenses to the action except her claim to a greater compensation, moved for a new trial, and, her motion having been denied, appealed to this court, and the judgment and order were, upon such appeal, *22 reversed in May, 1892, upon the ground that the cost of fencing, as found, was against the evidence. (Los Angeles etc. Ry. Co. v. Rumpp, 94 Cal. 432 .)

In December, 1892, a second trial was had, and the damages awarded were as follows:

Upon this state of the case the court entered a judgment by which the defendant was required to refund to the plaintiff the difference between the award of damages upon the two trials, amounting to $243.57, less the amount of costs awarded to her upon the first trial, amounting with…