Show j COURTS COURT'S DECiSION DECON z FAVORS RAILROAD Supreme Court Decides Lower Lowerr r- r Court COUI Erred In Giving Instructions 1 Justice J Jv J. J r H. H Erick of or the lie State Su Su- premo court ourt handed down ilo an an opinion Tu Tuesday n in which tho the other oIlier ju Justices of t f tho the court r reversing er tho District court Judgment of the Third Judge M. M I T. T division hl lon In the fr o onto oae jt of ut Uio tho Twenty second Corp Corporation of or the tho Church of oC Jesus Christ of or Latt LettI Lat Lat- 4 t 1 tI r Day le respondent po against tho the Short Line company I Appellant und and remanding the tho action to to tuG tho lower court with Instructions I that a now new trUth be granted t A Jury In iii Judge J court re returned ro- ro turned a u verdict of In favor Cavor of tho the church chure corporation as damages for alleged injury and confusion caused h bv by bythe the operation o of till this trains of ot the tha coir coat painS pany over fourteen tracks In Fourth r Wet Veel street t. l. l Th The Tite railroad oa COmp lied had only two tracks when the ward waid hou house e hullt built twelve ll additional tracks being laid In lii 1 1901 The Tue of the lie lower court o were vere that the lao company was liable for damages caused through operations on the twelve tracks laid In III 1906 The Tue supreme holds hols that lint the hue lower court erred In III giving these Instructions Haying that tia th evidence e must I how show tome physical with the tho property Itself or with some easement ease ease- ment nent which constitutes an appurtenant thereto e |