R. R. v. . R. R.

The South and Western Railroad Company filed its answer denying the allegations of the petition and setting up the fact that it had, prior to the institution of this proceeding, located its line on the land sought to be condemned and purchased same, and that the land was necessary for the exercise of its franchise and the discharge of its duties.

The Clerk appointed commissioners to assess the damages, and the South and Western Railroad Company excepted to this order.

Prior to the order appointing commissioners the Johnson City Southern Railway Company made a motion to be allowed to take…