Hayes v. Chicago, Rock Island & Pacific Railway Co.

Plaintiffs own a farm of two hundred and fifty-seven acres in Jefferson county through which ran a line of defendant railroad. (We disregard the fact trustees of the railroad are also defendants.) In relocating a portion of this line defendant, proceeding under chapters 365, 366, Code, 1939 (471, 472, Code, 1946), condemned for new right of way a strip of about eleven acres through plaintiffs’ farm. Upon completion of the improvement the old right of way was to be abandoned.

On October 23, 1943, a sheriff’s jury awarded plaintiffs $4,584.16. Plaintiffs appealed to the district court from this…