Terre Haute & Logansport Railroad v. Harris

— The complaint in this cause consists of two' paragraphs. The first is a complaint in ejectment, in the usual and ordinary form. The second seeks to recover from the appellant damages occasioned by the appropriation of the land therein described for the right of way for a railroad track, and. the use of the same for that purpose.

The third paragraph of the appellant’s answer avers that the appellant employed one Toner to obtain the right of way for its road, and to construct its road-bed over the lands of the appellee; that the road-bed was constructed over and across said land, under a…