Virginia & Truckee Railroad v. Henry
Nevada Supreme Court
Appeal from tbe District Court of tbe First Judicial District, Storey County. Tbis was a proceeding under tbe statute of March 22, 1865, providing for tbe incorporation of railroad companies and tbe management of tbe affairs thereof, (Stats. 1864-5, 427) to condemn certain land in the town of Gold Hill in Storey County, for the purposes of a side track.
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Appeal from tbe District Court of tbe First Judicial District, Storey County. Tbis was a proceeding under tbe statute of March 22, 1865, providing for tbe incorporation of railroad companies and tbe management of tbe affairs thereof, (Stats. 1864-5, 427) to condemn certain land in the town of Gold Hill in Storey County, for the purposes of a side track. The land taken was the west half of lot 5 in block 2 of range “ E” .of said town, all of which lot was described in the petition as belonging to or claimed by the defendants John Henry and Mary Henry, Ms wife. Commissioners having been…
1Opinion of the Court
By the Court,
Whitman, C. J.:
This appeal is from the order of the district court confirming the report of commissioners appointed to ascertain and assess' the compensation to be paid respondents for lands to be taken by petitioner for its use; and from the order denying a new trial.
Appellant’s main objection is to the allowance by the commissioners of damages to the residue of the premises, from which a portion was taken; and it is strenuously insisted that the proper construction of the statute of this State forbids such allowance. Technically, yes, so far as the ultimatum of the report is…
2Cases cited11 opinions
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Swan v. WilliamsMichigan Supreme Court · 1852
- Cleveland & Pittsburgh Railroad v. BallOhio Supreme Court · 1856
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Walther v. WarnerSupreme Court of Missouri · 1857
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3Cited by28 opinions
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- Urban Renewal Agency of City of Reno v. IacomettiNevada Supreme Court · 1963
- State Ex Rel. LaPrade v. CarrowArizona Supreme Court · 1941
- Ford v. StateNevada Supreme Court · 2011
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