Indianapolis Southern Railroad v. Wycoff

— Appellant railroad company instituted condemnation proceedings to acquire a right of way for its railroad across the farm of appellee. Appraisers were appointed, who filed a report, awarding damages in the sum of $850, to which award exceptions were filed by appellee. Appellant paid the amount of the award to the clerk of the court, took possession of the right of way, and constructed its road thereon, and in so doing it built a grade of considerable height just east of the house located on appellee’s land. The orchard on appellee’s farm was located east of the house, as was also a valuable…