Midland Railway Co. v. Galey

This was a proceeding for the assessment of damages for the taking of land for a railroad right of way, brought by the appellee as land-owner against the appellant railway company, under section 917, R. S. 1894 (section 905, R. S. 1881), and succeeding sections.

On the return of the writ of assessment of damages, appellant filed its exceptions thereto, averring that, at the time of the application for the writ, the appellant company was the owner of the easement or right of way in question, free of any lien for damages; that the strip of ground had been taken and appropriated for railroad…