Omaha & Republican Valley Railroad v. Rogers

Cobb, Ch. J.

This cause was submitted to the court below upon an agreed statement of facts as follows:

“ It is agreed that the plaintiff was the owner, at the commencement of this suit, of the lot 12, in block 66, in the city of Beatrice, Gage county, state of Nebraska, and if he is entitled to recover damages under the facts and the law, that his damages are one hundred dollars.

“That the defendant has not occupied or built its line of railroad across or upon the said lot so oymed by plaintiff, or taken any of said lot for right of way or otherwise.

“That said defendant has occupied and built…