Joint Highway District No. 9 v. Ocean Shore Railroad

This is a proceeding in eminent domain. Upon a trial by the court sitting without a jury plaintiff had judgment against defendants Ocean Shore Railroad Company and McNee, condemning a right of way for highway purposes over the property of said defendants. In its findings the trial court determined that the “fair market value” of the property of the defendant Ocean Shore Railroad Company was $95,000 and that the “fair market value” of the property of defendant McNee Company was $17,000, and entered its judgment accordingly. From this judgment plaintiff appeals.

As the entire controversy on this…