Eminent Domain—Condemnation of Eight of Way for Eailroad— Fee Beserved to Owner.—Upon the condemnation of land for a right of way for a railroad, under the law of this state, the railroad company is only entitled to condemn an easement over the land, consisting of the exclusive right to the use of the surface for railroad purposes, leaving the fee in the owner of the land.

Id.—Measure of Value of Easement.—In ordinary eases of agricultural lands, building lots, (and lands with minerals in situ, where the fee is of no practical value to the owner, the measure of the value of the easement is the value of the fee; yet, in all cases, the theory of the ownership of the fee remains, and whenever it can be shown as a fact that the fee burdened with the easement has some substantial value to its owner, such value is reserved to him, and must be considered in determining the value of the easement condemned.

Id.—Oil-Bearing Land—Erroneous Exclusion of Evidence.—Where the land taken for the right of way consists of a strip along the boundary of a tract of oil-bearing land owned by the defendant, and leased for oil purposes, it was error to exclude evidence to show that the oil beneath the surface of the strip reserved to the owner had a substantial and distinctive value which might be availed of by wells sunk by the owner on the adjoining tract.

Id—Limited Eights of Eailroad Company.—In no case has the railroad company the right to usé the fee by digging beneath the surface and taking minerals or oils therefrom, which are reserved to the owner of the fee, who is the owner of adjoining land.

Id.—Evidence—Market Value of LAnd—Opinion of Witness—Motion to Strike Out.—A witness who has fully qualified himself on-direct examination to give his opinion as to the market value of oil-bearing lands is not shown on ¡cross-examination to have given a. merely speculative opinion because he presented matters influencing his opinion without entering into details or estimates. Where-only part of his testimony on cross-examination was improper, it. was not error to refuse to strike out the whole of his testimony.

Id.—Progressive Decrease in Productiveness of Oil-Field—Admissible Evidence.—Evidence is admissible to show a progressive-decrease in the productiveness of the oil-field within which the land in question is situated, as bearing upon the market value of the land in question as oil-bearing land.