Rumpp

This appeal is from a judgment and order refusing defendant a new trial in an action brought to condemn land for a right of way for plaintiff’s railroad.

The case was tried without a jury, and the points made are, — 1. The judge heard material evidence out of court;; 2. The evidence does not justify the finding that the-value of the land was $75 only, but shows that such, value was $350; 3. The evidence is insufficient to justify the finding that the damage to the portion of defendant's-land not sought to be condemned will be six hundred dollars, whereas it appears from the evidence that such damage will be upwards of four thousand dollars; 4. The evidence does not justify the finding that the cost of building a good and sufficient fence along the line of said proposed railroad, upon the strip of land sought to be condemned, will be one hundred dollars, but the evidence shows that the cost of such fence will be upwards of five hundred dollars.

It is evident that if any of these grounds be found to necessitate a reversal, no good can result from a discussion of the other points made.

The length of the right of way or strip sought to be condemned through defendant’s land is one…