Mississippi & Missouri Railroad v. Byington

The defendant appealed to the District Court from the inquest of a jury, appointed under the pro*573visions of an act of the Legislature of January 18th,’ 1853 (see Rev., page 218), to assess the damages sustained by reason of the plaintiffs locating their road over the lands of defendant. The first proceeding we find in the record ■is the report of the jury, in which they assess defendant’s damages at $1,000 in consequence of said road being located over defendant’s premises, “situated in Johnson County, Iowa, viz.: The southwest quarter of section 9, town. 79, R. 6 west.” Whether these…