Burke v. Sandy Valley & Elkhorn Railway Co.

Opinion of the Court by

Drury, Commissioner—

Affirming.

The appellant, whom we shall call the plaintiff, sought to recover of the appellee, whom we shall call the defendant, ten thousand dollars for damages which the plaintiff claims to have sustained by the removal of a depot. The court instructed the jury peremptorily to find for the defendant, and the plaintiff has appealed.

After the defendant had acquired from the plaintiff a right of way through his farm, and had built thereon its railroad, it desired to locate a depot in the neighborhood, and according to the plaintiff, it procured from…