PEOPLE EX REL. DEPT. OF PUB. WKS. v. ELSMORE

Docket No. 21744.

229 Cal.App.2d 809 (1964)

40 Cal. Rptr. 613

THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Respondent, v. RAYMOND H. ELSMORE et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

September 22, 1964.


Attorney(s) appearing for the Case

Paul N. McCloskey, Jr., T.C. Carlstrom and McCloskey, Wilson & Mosher for Defendants and Appellants.

Harry S. Fenton, Holloway Jones, Jack M. Howard, Charles W. Thissell, Richard S. Levenberg and William R. Edgar for Plaintiff and Respondent.


TAYLOR, J.

In this eminent domain proceeding, the state, through its Department of Public Works, acquired 0.026 acres of appellants' 0.978 acres of unimproved lands, abutting on the San Jose-San Francisco freeway. The value of the land taken was stipulated to be $336. Defendants sought $6,500 in severance damages. The court, after waiver of a jury (Code Civ. Proc., § 631), rejected defendants' offer of proof as to severance damages and entered judgment only for...

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