Judgment of the Court
J.-The plaintiffs, appellants, seek to have an award made on the twenty-sixth of July, eighteen hundred and eighty-seven, establishing the compensation to be paid to them by the company defendant for the land to be taken from their property for its railway, declared illegal, fraudulent and void, and to get it set aside and annulled for various reasons, which on this appeal were reduced to three.
1st. Because the said award is so grossly and scandalously inadequate as to be a fraud on the plaintiffs, and the result of partiality on the part of the two arbitrators who made the same.
2nd. Because the said two arbitrators in making their award assumed as a fact that the company defendants were going to erect and maintain a station at or near the plaintiff's property, and that the company defendants would permit the plaintiffs to place pipes through the land to be expropriated for water and drainage; and
3rd. Because the said two arbitrators took into consideration the increased value alleged to be given to the remainder of the plaintiff's property by the construction of the railway, and set it off not only against the inconvenience, loss and damages to be suffered by the plaintiffs using the land to be expropriated, but also in deduction of the value of the land and buildings to be taken.
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