Jones

The sole issue on this appeal is whether certain instructions in an eminent domain proceeding were prejudicially erroneous.

After the jury initially had retired to deliberate, it returned to the court on two different occasions; on the first presented three questions by which it elicited instructions upon the law; and on the second occasion presented an additional four questions by which it elicited further instructions.

The first two questions so presented indicated that the jurors wanted to know whether, in determining the issue of value and damages, they were “bound” to accept the opinion of witnesses who had testified, or whether, they could “arrive at a figure” they considered “to be equitable.” The court told them that they were ‘“bound by .all Of the evidence in the case”; could not substitute their own ideas exclusive of this evidence; might not close their eyes to the evidence and decide the case in accord with their own ideas; were not “bound” to find in accord “with the testimony of any specific witness”; could not place á valuation on the property based on their own estimates or ideas but “in effect” were “bound by the testimony; in the case that has been in- *749…