Moran v. Ross

—Proceeding to condemn lands for the right of way of a railroad, brought by the appellants as partners. There was judgment for the appellants condemning the land as prayed for, but the court found that the lands of the respondent not taken by the railroad would be benefited by the location and construction of the road in the sum of $150, and refused to allow the appellants any deduction on account of said benefits from the amount of damages found as to the part of respondent’s land not taken.

The sole question presented is, whether in an action by a private individual to condemn lands the…