Great Western Railway Co. v. Ackroyd

. Mr. Justice Campbell

delivered the opinion of the court:

Special proceeding instituted by the railway company as petitioner, under the eminent- domain act, to condemn a right of way for its railroad across the lands of respondent. The hearing was before the court and a jury. Evidence of both parties was produced, the jury inspected the premises, the court instructed them on questions of law and counsel submitted their arguments. The jury returned a verdict, in the statutory form, in which they found the; actual value of the strip of land taken to be $350 and! the damages to the rest of the…