United States v. Chicago, B. & Q. R. Co.

SPARKS, Circuit Judge.

This is an appeal from a judgment of the District Court assessing damages in condemnation' proceedings instituted by the Government with respect to the navigation project of the Mississippi River, authorized by an Act of Congress approved January 21, 1927, 44 Stat. 1010. Two actions at law are involved, and numerous questions are presented, which render necessary a rather full statement of the issues of both causes and the manner in which they were disposed of.

On September 19, 1931, the Government filed its action No. 3683, to condemn 2.9 acres of land in the city of…