Lewisburg & Northern R. R. v. Dudley

This is a proceeding, under the statutes, to appropriate land for a railroad right-of-way. The trial in the circuit court was before the judge without a jury. The plaintiff contended that the land taken for the right-of-way was confined to a detached lot 50' by 195 feet purchased by defendant from George C. Waters September 26,1911, to support a claim for incidental damages to another tract of 29[4 acres; and that he cannot recover incidental damages to the larger tract because the lot bought from Waters was separated from the other land by a 40-foot street and because the land taken was not…