Patten v. Susquehanna Railroad

By the Court.

Although numerous exceptions have been filed to the report of the inquest in the present case, only five have been relied on in the argument. We shall treat of these in the order in which they arise.

1st. Complaint is made that the sum awarded is excessive, and exceeds the amount of damages sustained, or likely to be sustained from the construction and use of the road. We are told in reply *49that this court has no authority to set aside the award on that account. It must be conceded, that some of the decisions seem to countenance the idea that no such power is by law vested in the…