(dissenting) — I am of the opinion that the jury had a right to take into consideration the value of the property for boom purposes under the decision, of the supreme court of the United States in Boom Co. v. Patterson, 98 U. S. 403, 25 L. Ed. 206; and on the authority of that case, and for the reasons there stated, I dissent.
Gose and Dunbar, JJ., concur with Rudkin, C. J.