
    The Peninsular Railway Company vs. Geo. Howard.
    Jurors impaneled to .assess value of land for use of a railroad may be challenged when impan-
    "When a stockholder is upon, such jury the company or himself should make it known without waiting for a challenge.
    Appeal on an assessment of damages for land taken for railroad.
   Opinion by

Christiancy, J.

The railway company, under an order of the Probate Judge of Cass county, caused a jury to be impanneled to assess the value of land needed from Howard’s faim for their road. Howard contested the proceedings, and after the jury had made its report to the Judge he moved to set it aside on the ground that some of the jurors were not freeholders and were members of the railway company. This motion was denied.

Held, that at the time the jury is impanneled the parties have a right of challenge, and an objection that a juror is not a freeholder ought to be taken at that time. But an objection that a juror is a stockholder in the company stands on a different footing. The knowledge who their stockholders aréis peculiarly possessed by the company, and either they or the juror ought to make the objection without waiting for a challenge. The objection might, therefore, be taken when the assessment was returned.

Assessment set aside, and case remanded for a new jury.  