Waldorf v. Elkhart & Western Railroad

Appellant owned a tract of eleven acres of land upon the south part of which was located a brick yard. Upon this there were machinery and sheds worth about $800, intended and adapted for carrying on the business of brickmaking, also a clay bed, already opened, from which clay had been recently taken and brick manufactured. The brick yard, including the clay bed, was adapted for that purpose, and the land was unfit for any other use.

*135In the spring of 1893, the appellee desiring to construct its railroad over said land bought it and received a deed containing (after correction of mistakes) the…