...damages in an action qua re clausum fregit is the dainnge done the land by the removal of the timber, or the difference in the value of the land before and after the trespass, and hence, a ruling by the court denying to plaintiff the proof of the present value of the...

...the land owner is entitled to recover therefor, as the measure of damages in such a proceeding is not the difference in the value of the land before and after the road is laid out. 3. SAME — land owner cannot be taxed with costs on appeal in proceeding to award...

...as so-called bare lands, that is, for the growing of row crops, the excess should be deducted from the difference in the value of the land before and after the taking. The report of the Trial Commissioner does not deal with either of these two questions ; nor...

...measure of damages was the difference in value between pure clover seed and the seed actually sowu, and the difference in the value of the land before and after the sowing. VOL 15.— No. lOa. Appeal from judgment entered on verdict for $550 damages. Action to recover...

...reasonably adapted.' Answer. That is affirmed. '(4) The jury may add as an item of damages interest upon the difference in the value of the land before and after the appropriation by the defendant company from the time of the appropriation to the time of verdict, and...

...appellant, in arguing assignments 2, 3, 4, and 5, insists that the proper measure of damages in this case is the difference In the value of the land before and after the depredation by the stock, and that it was improper to admit testimony as to the "hoorah grass" and...

...before and after Injury. The measure of damages to abutting property by the elevation of a highway is the difference in the value of the land before and after the change. 5. Eminent domain <§=»300— Finding of damages held supported by evidence. Evidence consisting...

...to a riparian owner from the use of a stream as an outlet for sewage, by a municipal corporation, is the difference in the value of the land before and after the stream was so used. 5. SEWERS — NUISANCE — DUTY OF MUNICIPAL CORPORATION. — It Is the duty of...

...COURT. We think the first assignment of error is sustained. The witness having stated that he made the difference in the value of the land before and after the building of the road to be $12,000, and being asked how he made up the items said : " They are made...

...instruction numbered two, as follows: "2. The jury is instructed that the measure of damages in this case is the difference in the value of the land before and after the timber was cut." The jury returned a verdict for the plaintiff, and assessed his damages at $5 per...