Overton County Railroad v. Eldridge

delivered tlie opinion of tlie Court.

These two canses present the same questions, and were heard together in this court. The record in each case presents a condemnation proceeding commenced by the plaintiff' against the defendant railroad company, asking a writ of inquiry for the assessment of plaintiff’s damages, occasioned by the appropriation of his land by the railroad company.

The company, in its answer, admitted the appropriation of the land, and its indebtedness to the plaintiff for its actual cash value, and averred its readiness to pay said compensation when the cash value of the…