Lake Shore & Michigan Southern Railway Co. v. Mahle

By a judgment of condemnation three commissioners were appointed to appraise defendants’ damages occasioned by plaintiff’s taking certain lands for railroad purposes; the three commissioners viewed the premises, and thereupon the plaintiff took possession and materially altered the conditions and situation of the same. Pending a hearing to take testimony, one commissioner died, and plaintiff moves for the appointment of a new commissioner in place of the decedent. The plaintiff contends that it is entitled to the judgment and opinion of three commissioners as to defendants’ compensation. The…