Shaw v. Monongahela Railway Co.

Maxwell, Judge:

Defendant complains of a judgment against it, on verdict, for $11,756.25. The action is for damages to an unimproved lot in the city of Fairmont, caused by the erection by defendant’s predecessor, Buckhannon & Northern Railroad Company, of an overhead bridge or viaduct in front of said property and in the immediate proximity thereof.

The first error assigned pertains to plaintiffs’ instruction No. 6, wherein the jury were told that if they found from the cwidence that the plaintiffs were entitled to a recovery, then “the plaintiffs are entitled to 6% interest per annum upon the…