Glenn

The action was to condemn a right of way one hundred feet wide and comprising altogether 12.13 acres of land. The jury found that the value of the said strip was the sum of two hundred and fifty dollars per acre at the time of the issuance of the summons, or a total of $3,032.50; that the damages to the larger tract of which said strip formed a part by reason of its severance and the construction of the railroad was the sum of forty-one thousand four hundred dollars; and that the cost of the necessary fences would be the sum of one thousand nine hundred dollars, making a total award of $46,332.50. Thereafter findings of fact, conclusions of law and a preliminary order for condemnation were duly signed and filed by the trial court. In due time plaintiff gave notice of its intention to move for a new trial on all the statutory grounds and the court made the following order; “Plaintiff having heretofore moved for a new trial in this cause, and the same having been argued, submitted and taken under advisement by the court, and the court having considered the matter and being fully advised in the premises, hereby grants said motion for a new trial, and it is so ordered on the ground…