Spencer v. State

Crouch, J. :

The claim is for damages arising from an appropriation for a period of five years of an easement in a highway for a railroad used in connection with the construction of the Barge canal. The claim came on for trial first in 1919. The only evidence offered on the question of damages was the market value of the property immediately before and immediately after the appropriation. It appeared that at the time of the appropriation claimants’ buildings, were substantially all under lease. It was not shown that there had been any loss of rents, or any permanent injury to the premises, or…