Evansville, Indianapolis & Cleveland Straight Line Railroad v. Cochran

This was a proceeding under the statute by the railroad company, to appropriate lands for the right of way, &c. Appraisers were appointed, whose report was, upon written exceptions thereto filed by the land-owner, set aside, and a trial by a jury had, which resulted in a verdict and judgment for defendant of 300 dollars.

There are several errors assigned.

The first is upon the reception of evidence.

The questions asked, to which objections were made, were as to the necessity devolved upon the defendants, by the construction of the road, to make additional fences, and the amount thereof. This,…