Gear v. Dubuque & Sioux City Railroad
Supreme Court of Iowa
Appeal from Jones District Court. Prior to February, 1859, the Dubuque and Pacific Railroad Company, being unable to agree with the plaintiff for a right of way for their road over certain lands of the plaintiff, procured a jury to be impanneled under the act of 1853 (Revision, §§ 1314-1331), and the damages assess^ ed. The plaintiff not being content with the assessment so made, appealed to the District Court of Dubuque county.
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Appeal from Jones District Court. Prior to February, 1859, the Dubuque and Pacific Railroad Company, being unable to agree with the plaintiff for a right of way for their road over certain lands of the plaintiff, procured a jury to be impanneled under the act of 1853 (Revision, §§ 1314-1331), and the damages assess^ ed. The plaintiff not being content with the assessment so made, appealed to the District Court of Dubuque county. At-the February Term, 1859, the appeal was tried and the damages assessed at five thousand and five hundred dollars. The court thereupon rendered judgment “ that the…
1Opinion of the Court
Cole J.
i bail-BOof1DwfM judgment, I. The first question which presents itself, and one of no little difficulty, is as to the legal effect of the judgment upon the assessment or verdict of the jury in the District Court, as between the parj.;eg The judgment is in the usual form of a judgment in an ordinary action of debt. Our statute provides (§ 1317) that the freeholders appointed by the sheriff shall inspect the real estate and assess the damages which the owner will sustain by the appropriation of his land for the use of the railroad corporation, and make report in writing to the sheriff of…
2Cases cited4 opinions
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- Webb v. Town of Rocky-HillSupreme Court of Connecticut · 1852
- In re the Petition of New York Central Rail RoadNew York Supreme Court · 1854
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- St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- Haig v. Wateree Power Co.Supreme Court of South Carolina · 1922
- Mark S. Rasmuson and Brenda S. Rasmuson, Husband and Wife v. United StatesUnited States Court of Federal Claims · 2013
- Oregon R. & Nav. Co. v. TaffeOregon Supreme Court · 1913
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