Evansville & Crawfordsville Railroad v. Miller

This was a proceeding to condemn lands to public use, under the ninth section of the act to incorporate the Evansville and Illinois Railroad Company (Local Laws 1849). The appellee took the case to the Circuit Court for review, as provided by that section. The petition to the Circuit Court complained only that inadequate damages had been assessed before the justice of the peace.

A jury trial, to which the appellant objected, and in whicli the appellee' was permitted to 'begin, resulted in an increased assessment of damages, and there was then entered an ordinary judgment against the appellant…