Ball v. Keokuk & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. J. M. Casey, Judge. The plaintiff is the owner of a farm of two hundred and twenty acres. The defendant constructed a rail1 road over said farm several years ago. The plaintiff instituted proceedings to have his damages assessed under the statute. A commission or sheriff ’ s jury was impaneled, and the damages were fixed at three thousand dollars.
Read the full summary
Appeal from Lee District Court. — Hon. J. M. Casey, Judge. The plaintiff is the owner of a farm of two hundred and twenty acres. The defendant constructed a rail1 road over said farm several years ago. The plaintiff instituted proceedings to have his damages assessed under the statute. A commission or sheriff ’ s jury was impaneled, and the damages were fixed at three thousand dollars. The defendant appealed from the assessment, and a jury trial was had in the court below, which resulted in a verdict of thirty-two hundred and fifty-nine dollars for the plaintiff. A new trial was awarded by…
1Opinion of the CourtRothrock, J.
i. practice : statement to ofrverdu5taof former jury. I. The cause was reversed upon the first appeal because the evidence did not identify the different tracts of land composing the farm- We are now advised that the land claimed to be damaged by the railroad consjs^g 0-£ an entire farm of two hundred and twenty acres, made up of several contiguous government *134subdivisions. The defendant’s first complaint is that one of the plaintiff ’ s counsel, in his opening statement to the . jury, in giving a history of the case, stated that the sheriff’s jury fixed the damages to the farm, at three…
2Cases cited1 opinion
- White v. SmithSupreme Court of Iowa · 1880
3Cited by11 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Winters v. WintersSupreme Court of Iowa · 1897
- Wilson v. FlemingSupreme Court of Iowa · 1948
- Lawrence v. City of Sioux CitySupreme Court of Iowa · 1915
- Hanrahan v. O'TooleSupreme Court of Iowa · 1908
6 more not listed; retrieve them via the Exa API.