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accruing action actually advantages affirmed ages allowed amount appeared applied assessment authority bank benefits caused claim common compensation condemnation consideration considered Constitution construction contract corporation County court damages debt deduction defendant determining direct effect Elev erty evidence ex rel fact fits footnote funds given grade ground held highway holding improvement increased injury instruction interest involving judgment jury ladder land taken liable loss Mass ment mortgage Ohio opening operation owner paid parties payment plaintiff proceedings prop question railroad reason received recover remaining resulting road rule salary secured special benefits statute street suit supra sustained SW 2d taking teacher tion tract trial trust