McDougald

The action was brought to recover damages caused by the construction of a certain railroad draw bridge and embankment in front of and partly upon the premises of plaintiff.

The vital finding upon which the judgment rests is: “That said real property in Finding 2 described was prior to and at the time of the acts of the defendant hereinafter mem tioned, of the value of $2,624.00, and that by reason of the works and acts of the defendant hereinafter mentioned, the said real property has been depreciated in value and plaintiff has thereby been and is damaged in the sum of twelve hundred dollars.”

This finding is assailed by appellant as unsupported by the evidence. It is declared that “the only testimony in the record in regard to the value of plaintiff’s property at that time is the testimony of witness Boggs, and he placed the value of said property at said time at $500.” The only answer to this contention made by respondent is that “the evidence fully justifies the findings.” We are not pointed to any part of the transcript wherein may be found any testimony inconsistent with that given by witness Boggs. Our own examination of the record has served to confirm the contention of…