Finlayson v. Denver & R. G. W. R.

PRATT, Justice.

Respondents brought this action against appellants for $1000' damages for occupying some .15 acres of respondents’ lands in the construction of a fill for a new railroad line passing respondents’ properties. The jury returned a verdict of $472 for which sum judgment was entered against appellants. This appeal followed.

Two issues are raised upon the appeal: (1) Was the property occupied by appellants included in a deed from respondents to appellants? (2) Were severance damages properly allowable under the facts of this case?(1) Respondents allege they were the owners of the…