Dreher v. I. S. W. R.
Supreme Court of Iowa
Appeal from, Audubon Gi/rcuit Court. This is a proceeding to ascertain tbe compensation to which, the plaintiff is entitled by reason of the appropriation of part of his farm for right of way for defendant’s railroad. There was a trial by jury, and a verdict and judgment for plaintiff for $100, and defendant appeals.
1Opinion of the CourtRothrock, J.
I. The right of way contains three acres, and is taken off the east end of plaintiff’s farm of eighty acres. The railroad runs within about one hundred and fifty feet of the buildings on the farm. The plaintiff claimed that he should be paid $300, and the defendant claimed that plaintiff should receive $70. The verdict returned, and which was approved by the court, was $100, which, it appears to us, was very reasonable under the evidence. The defendant’s' theory was that plaintiff’s farm was only diminished in value by reason of the right of way in a sum corresponding with the actual value of…
2Cases cited1 opinion
- Lance v. C. M. & St. P. R.Supreme Court of Iowa · 1882
3Cited by12 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
- Scagel v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1891
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