US SUPREME COURT DECISIONS

The refusal of the court below to grant the defendant's request to charge upon a question in relation to which the plaintiff had introduced no evidence, and which was therefore an abstract question not before the court, was not error.

When a state constitution provides that "private property shall not be taken, appropriated or damaged for public use without just compensation," a railroad company constructing its road in a public street under a sufficient grant from the legislature or municipality is nevertheless liable to abutting owners of land for consequential injuries to their property resulting from such construction.

The case is stated in the opinion.