Hastings v. B. & M. R. R.
Supreme Court of Iowa
Appeal from Pottawattamie Gi/reuit Court. This is a proceeding under the statute to condemn a part of a certain lot in Council Bluffs over which defendant’s railroad was located, and to assess the value thereof to be awarded to plaintiffs as damages on account of such condemnation. - The sheriff’s jury awarded plaintiffs $25. An appeal was taken by jfiaintiffs to the Circuit Court, where a conditional judgment for $100 was awarded in their favor.
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Appeal from Pottawattamie Gi/reuit Court. This is a proceeding under the statute to condemn a part of a certain lot in Council Bluffs over which defendant’s railroad was located, and to assess the value thereof to be awarded to plaintiffs as damages on account of such condemnation. - The sheriff’s jury awarded plaintiffs $25. An appeal was taken by jfiaintiffs to the Circuit Court, where a conditional judgment for $100 was awarded in their favor. Both parties appeal to this court.
1Opinion of the CourtBeck, J.
— The cause was submitted and determined upon the following agreed statement of facts:.
“ 1. That the said defendant entered upon and took possession of the said one hundred feet in width across said lot, on or about January, 1870, and so held possession until July, 1872.
2. That said defendant operated its railroad over said lot for the time specified, and that said strip, one hundred feet wide, was necessary for the location, construction and convenient use of its railroad, as then located.
3. That said defendant so took, held possession of, used and operated its railroad over and across said…
2Cases cited1 opinion
- Gear v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
3Cited by10 opinions
- McKinley v. Waterloo RailroadSupreme Court of Iowa · 1985
- De Penning v. Iowa Power & Light Co.Supreme Court of Iowa · 1948
- Hartley v. Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1892
- Lobdell v. State Ex Rel. Board of Highway DirectorsIdaho Supreme Court · 1965
- Ford v. Board of Park CommissionersSupreme Court of Iowa · 1910
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