Vilhac

The undertaking upon which the action was brought was given in proceedings instituted by the railroad company for the condemnation of certain tracts of land, one of which was owned by the plaintiff, and was intended as the “ security ” provided for in sec. 1254 of the Code of Civil Procedure, upon being authorized by the Court to have the possession and use of the lands during the pendency of the condemnation proceedings, the parties who- executed the undertaking thereby promising that the railroad company should pay the compensation which might be awarded by reason of the taking of the lands, and all damages which might be sustained by the owner of the lands if they should not be finally taken by the railroad company for public use. It is alleged in the complaint that, upon the filing of the report of the referees in the condemnation proceedings, the Court entered judgment in favor of this plaintiff against the railroad company for nine hundred dollars and fifty cents, for the value of the land taken, and the damages sustained by reason of the taking of the land, and for seven hundred dollars for *212 the cost of building fences along the line of the railroad. The breach alleged…