Midland Railway Co. v. Smith

— In August, 1885, Smith made application in pursuance of sections 906-909, E. S. 1881, for a writ for the assessment of damages, alleging that the railway company had located, and was about to proceed with the construction of, its road across his land without having made or tendered any compensation for the accruing damages, and without having taken any steps to have the amount of compensation assessed or fixed by agreement.

A former judgment for damages in pursuance of the application thus made was reversed, because the description of the land appropriated, as required by the statute, was…