The  opinion  of  the  court  was  delivered  by

Brown,  J.  It  appears,  from  the  pleadings  and  proofs  in
this  case,  that  Samuel  B.  Halsey  and  Freeman  Wood,  before
the  railroad  company  located  the  extension  of  their  road  to
Dover,  agreed  with  them,  that  if  they  would  adopt  the  route
by  Eockaway  (where  they.  Wood  and  Halsey,  had  property,)
to  guarantee  to  the  company  the  right  of  way  clear  of  ex-
pense for  a  portion  of  the  distance,  and  to  indemnify  them
from  all  damages  that  might  arise  or  be  assessed  for  so  much
of  the  right  of  way,  and  to  pay  and  satisfy  all  such  damages,
and  this  agreement  reduced  to  writing  and  sealed;  that  th(^
respondent,  Thomas  Green,  owned  lands  in  this  route,  and
Halsey  and  Wood  applied  to  him  for  the  right  of  way  over
it,  and  not  being  able  to  agree  with  him,'  so  informed  the
company ;  that  the  company  had  the  damages  assessed  by
commissioners,  pursuant  to  their  charter,  and  their  report
filed ;  that  Green,  being  dissatisfied  with  the  amount  reported
in  his  favor,  took  the  proper  steps  for  an  appeal,  and  as  ap-
pears by  the  bill  and  answer,  while  such  appeal  was  pending,
Halsey  and  Wood  agreed  with  him  in  behalf  of  the  company,
as  they  said,  to  arbitrate  the  question  of  amount  of  dam-
ages; that  the  arbitration  was  had,  and  the  amount  awarded
paid  by  Halsey  and  Wood ;  that  before  paying  the  amount,
they  insisted  upon  Green's  executing  a  deed  to  the  company,
which  Halsey  had  prepared,  by  the  terms  of  which  Green,
in  consideration  of  $800  (the  amount  awarded  to  him)  paid
to  him  by  the  company,  and  the  receipt  of  which  was  ac-
knowledged, conveyed  to  the  company  the  right  to  ^nter
upon  his  land  by  their  agents,  and  to  take  possession  of,  oc-
cupy, and  excavate  the  same,  lay  rails,  and  do  all  other
things  suitable  or  necessary  for  the  completion  or  repair  of
their  road ;  to  have  and  hold  the  same  to  the  company,  it«
successors  and  assigns  for  ever,  for  the  purposes  mentioned,


472        COURT  OF  ERRORS  AND  APPEALS.
