Centralia & Chester Railroad v. Brake

This was a petition, in the usual form, by appellant railroad company, for condemnation of right of way over lands of appellees. The trial by jury resulted in awarding appellee Maria J. Brake $400, and appellee Meinnert $575, as compensation for land taken and damages to land not taken. The petitioner prosecutes this appeal.

Errors are assigned upon the rulings of the court in giving the fourth instruction of appellees’ series, and refusing the third, fifth and sixth instructions offered by the railroad company, and in the admission of testimony. The fourth instruction asked and given at the…