MR. JUSTICE McKENNA, after stating the case, delivered the opinion of the court.
In the summer of 1882 the plaintiff in error constructed its railroad across the land in controversy, and the finding of the court is that "at the time defendant settled upon said land plaintiff was and ever since has been engaged in operating a line of railroad thereover."
The defendant nevertheless was awarded three hundred dollars damages, and the plaintiff adjudged to have...
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