
    CONDEMNATION BY MUNICIPALITY.
    [Circuit Court of Hamilton County.]
    The City of Cincinnati v. Philip Morton.
    Decided, May 18, 1907.
    
      Eminent Domain — Property Taken for Park Purposes — Separate Parcels Involved — Fixing the Assessment Therefor — Section 1536-109.
    In condemnation proceedings involving a number of separate pieces of property, it is not error to single out one parcel and bear tbe testimony and fix tbe damages as to that parcel before proceeding with the inquiry as to the remaining parcels, provided the whole inquiry is before the same jury.
    
      City Solicitors, for plaintiff in error.
    
      E. L. Gordon and Albert E. Morrill, for defendant in error.
    Smith, J.; Swing, J., and Giffen, J., concur.
   We see no objection to tbe procedure had in. the trial court allowing the jury to hear the testimony as to the value of one piece of property separate from the others, and then assessing the compensation for the same to the owner before proceeding to ascertain the value of another piece.

Condemnation proceedings must be brought before a single jury, which was done in this case; and when the jury was impanneled it was sworn but once to make the whole inquiry and assessment.

Section 1536-109 provides that “the assessment shall be in writing, signed by the jury, and shall be so made that the amount payable to the owners of each lot or parcel of land may be ascertained.”

As disclosed by the record herein, we think the action of the court below is in conformity with this section, and can not be complained of by the city.

Judgment affirmed.  