Missouri, Kansas & Northwestern Railroad v. Schmuck

The opinion of the court was delivered by

Cunningham, J. :

This action was -upon appeal from the award of commissioners in an assessment of damages for the condemnation of a right of way for a railroad. The plaintiffs below filed their bill of particulars, alleging in general terms the facts of the *273taking of the land for the purpose of constructing a railroad across it, and their damages thereby in two items, which were deprivation of the lands taken and injury to the balance of the tract. The railroad company asked the court to require this bill of particulars to be made more definite and…