City of Omaha v. State ex rel. Metzger

Albert, C.

In 1894 Fannie Croft, as trustee, held the legal title to a tract of land within the corporate limits of the city of Omaha. In that year, the city took tortious possession of a strip of such tract, for the purpose of widening one of its streets, without any proceedings to condemn the same as required hy la,w for the exercise of the right of eminent domain.

Afterward, said trustee brought an action, in the district court for Douglas county, against the city to recover’ damages for the wrongful appropriation of her property, in which she recovered a judgment for $874.66, and costs of…