Justice
Justice v. United States
Opinion
Lead Opinion
Stephens, J.
The jury fixed the sum of $500 for the taking of a right of way over farm land owned by Carl E. Justice and Beatrice Justice. The owners, feeling themselves aggrieved by the amount awarded, appeal and press two assignments of error.
The court refused appellants’ request that the jury be shown the land, and they cite §§ 906 to 920, inclusive, of Remington’s Revised Statutes of Washington, wherein the procedure for the condemnation of school sites is prescribed. Section 912, supra, provides, inter alia, that the jury shall be allowed to view the premises if all interested parties request it and the court may allow such view if any of the parties request it.
It will be noted that the procedure just alluded to is prescribed for school site acquisitions. Appellants argue that the statutes cited apply as well to the instant proceedings. This cannot be for the reason that the Washington law provides a general statute which, we think, governs here. Washington Revised Statutes (Remington, 1932) § 344, provides: "View by jury of premises. Whenever in the opinion of the court it is proper that the jury should have a view of real property which is the subject of litigation, or of the place…