Missouri Pacific Railway Co. v. Coon

Lake, Ch. J.

Most of the questions in this case were decided and sufficiently commented on in that of this plaintiff against Plays, ante p. 223, and it is unnecessary to go over the same ground again in the consideration of this one. The questions thus disposed of relate particularly to the cuts- and fills in the grade of the road, etc., as elements of damage, and to the time as of which the assessment of damages must be made, in respect to which the rulings in the two-*233cases were alike, and as we hold erroneous. But there is one additional question here which requires more particular notice.

It…