Lucius Quintus Cincinnatus Lamar

“ At the request of the plaintiff the court charged the jury as follows: ' (1) The court instructed the jury that the right to use streets in a city by the adjoining lotowners is property, and a right of way belonging to the owner of said lots, and that no such right can be taken or injured or appropriated to the use of any corporation until full compensation therefor shall be first made to the owner in money, or secured to him by a deposit of money, which compensation is irrespective of any benefit from any improvement made by said corporation. ”

“ The city of Hot Springs had no right to pass an ordinance granting the defendant a right of way along Benton street, and defendant could acquire no right to build any permanent structure or lay its track thereon by virtue of such ordinance. (3) The court instructs the jury that the measure of damages to adjacent property caused by the use of a street as a site for a railroad is the diminution of the value of the property ”

“ In his own language, 'the only question before this court is that which arises under the act of congress, * * * and relates alone to the turn-table and works constructed on that part of the right of way embraced in the grant by congress. ”