Indianapolis, Decatur & Springfield Railroad v. Pugh

Best, C.

The appellant appropriated a strip of land for fits right of way through the appellee’s farm; damages were assessed by appraisei’s; exceptions were filed to the award, the cause tried and a verdict returned for the appellee. The appellant moved for a new trial, the motion was overruled, an exception taken and final judgment rendered upon the verdict. The appellant appealed to the general term; the judgment was affirmed, and this appeal is from the judgment of the general term, affirming the judgment of the special term.

The error assigned at general term, and relied upon here for the…