Claim of Sicks v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

This controversy originated in a proceeding to condemn land belonging to Phillip Sicks, deemed necessary to the erection of a viaduct where a highway crossed a railroad, and to recover the damages sustained. At the conclusion of the proceedings, including a trial in the district court as to damages sustained, an award of $2,000 was made to Sicks, from which the county commissioners appeal.

Sicks, it appears, owned a farm' alongside of a state highway which passed in front of Sicks’ home near which was a grade railroad crossing. It was…