St. Louis, El Reno & Western Railway Co. v. Oliver

Opinion of tbe court by

Burford, C. J.:

The St. Louis, El Reno & Western Railway Company commenced proceedings to condemn the right of way for its line of road over the lands of the defendants in error. After the award was made by the commissioners, a trial by jury was demanded, and a trial had in the district court, which resulted in a judgment against the railroad company for $4,573, and costs of suit. The company has appealed to this court and argue but two points in their brief.

The trial court gave the following instruction to the jury:

“In determining the depreciation in value of this land…