Chicago, Indiana & Eastern Railway Co. v. Wysor Land Co.
Indiana Supreme Court
Erom Delaware Circuit Court; J. G. Leffler, Judge. Action by the Chicago, Indiana & Eastern Railway Company for the condemnation of a right of way. To the award of the appraisers the "Wysor Land Company filed exceptions. From a judgment for such exceptor, on a verdict of a jury, the railway company appeals. Transferred from Appellate Court under §1337u Burns 1901.
1Opinion of the CourtMonks, J.
Appellant filed an instrument of appropriation in the court below, and sought to appropriate for its right of way certain real estate owned by appellee. Appraisers were appointed' who made and filed their award. Appellee, within the time allowed, filed written exceptions in the clerk’s office, claiming .that the damages awarded were inadequate. The court overruled appellant’s demurrer for want of facts to appellee’s third exception. A trial of said cause by a jury resulted in a verdict, and, over a motion for a new trial, a judgment in favor of appellee.
It is insisted by appellant that the…
2Cases cited35 opinions
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