Long Fork Railway Co. v. Sizemore

(Opikioh op the Court by

Judge Clarke

Affirming.

This is a condemnation proceeding, the commissioners in the county court having fixed the defendant’s damages for 4.88 acres of land taken at $3,000.00, to which *55both parties filed exceptions and a trial before a jury-in the county court resulted in a verdict and judgment for defendant in the sum of $5,500.00. From that judgment the railway company appealed to the circuit court,, and, having deposited the $5,500.00 with the clerk of the court, took possession of the land condemned and, at the-time of the trial in the circuit court, had completed…