Haven

— The plaintiff, a railway corporation, instituted this action against certain parties, as the owners of separate tracts of land, for the purpose of condemn *491 ing, to the use of the corporation, a portion of the land of each of the parties owning the tracts, as a right of way for the line of its road across these several tracts. Some of the parties made no answer, and the matter of their compensation is not in issue here.

Some answered, setting up that the lands sought to he condemned were not necessary to be taken for the proposed use of the railroad as a right of way, but demanding that if the lands are taken, the value thereof, and damages for the taking, etc., be awarded to them.

Others filed an answer in the nature of a general denial of the allegations of the complaint.

A trial was had before the court and a jury between the plaintiff and the defendants, J. W. Hall, A. M. Ham, H. H. Linville, H. H. Jones, F. E. Dudley, J. D. Lang-ford, C. H. Tyler, J. B. Tyler, James Fleming, and C. A. Lamb. The jury assessed damages in favor of all the parties with respect to each tract of land affected by the taking of the proposed right of way, and upon that the court rendered its…