Martin v. Stumbo Elkhorn Coal Co.

Opinion op the Court by

Judge Clay

Reversing.

The Stumho Elkhom Coal Company brought this action in the Floyd county court to condemn a right of way for a spur track over the land of Noah Martin. The amount of land proposed to be taken was one-fourth of an acre. The damages were fixed at $300.00' by the commissioners, and at $500.00 by the jury in the county court. On appeal to the circuit court the.damages were again fixed at $50Q.00. Martin appeals.

At the outset we are met by the contention that the jury was not properly impaneled. It appears that twelve of the jurors were engaged in trying…