Winslow v. Baltimore & Ohio R. Co., 208 U.S. 59 (1908)

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Winslow v. Baltimore & Ohio Railroad Company

No. 6

Argued December 3, 10, 1907
Decided January 6, 1908
208 U.S. 59

IN ERROR TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

The objection, taken by a property owner in a condemnation proceeding for a part of his property, that, under the statute, his entire property must be condemned, is waived and cannot be maintained on appeal if he accepts the award made by the commissioners in the condemnation proceeding and paid in by the condemnors for the parcel actually condemned. After an award has been made and accepted, the proceeding is functus officio.

28 App.D.C. 126 affirmed.

The facts are stated in the opinion.