Joseph McKenna

“ The land not taken is divided into two unequal parts and its value for farming purposes decreased. Trains of cars are drawn by plaintiff over and across said land every day, and the crop on defendant's land is injured by smoke from said railroad, and his buildings and crops subjected to increased hazard of destruction by fire. By the taking of said strip for a right of way and the construction and operation of a railroad thereon the said land is depreciated in value in the sum of $300. ”

“ It enables the railroad company to secure the grant by an actual construction of its road, or in advance of construction by filing a map as provided in section 4. Actual construction of the road is certainly unmistakable evidence and notice of appropriation. ”

“ That any railroad company desiring to secure the benefits of this act shall, within twelve months after the location of any section of 20 miles of its road, if the same be upon surveyed lands, and if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a profile of its road ”