Wuester v. Topeka & Northwestern Railroad

The opinion of the court was delivered by

Smith, J:

J.-B. Wuester perfected an appeal to thidistrict' court of Marshall county from an award ot damages made by commissioners appointed by the district judge fo'r the condemnation of land for the right of way of the appellant railroad company across four *637contiguous eighty-acre tracts of land in. that county. Subsequently an additional adjacent tract of land was condemned for the same purpose by the commissioners. Wuester also perfected an appeal from this award.

On the trial the two actions were consolidated. ■ A jury was impaneled and returned a…