Lake Shore & Michigan Southern Railway Co. v. Mahle

By a judgment of condemnation three commissioners were appointed to appraise defendants’ damages occasioned by plaintiff taking certain lands for railroad purposes. The three commissioners viewed the premises, and thereupon the plaintiff took possession and materially altered the conditions and situation of the same. Pending a hearing to take testimony, one commissioner died, and plaintiff moves for the appointment of a new commissioner in place of the decedent. The plaintiff contends that it is entitled to the judgment and opinion of three commissioners as to defendants’ compensation. The…