Newgass v. Railway Co.
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. John A. Williams, Judge. Condemnation proceedings instituted by the St. Louis, Arkansas and Texas Railway Company for the assessment of damages for the right of way of its railroad previously built without license across certain land belonging to Benjamin Newgass.
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APPEAL from Jefferson Circuit Court. John A. Williams, Judge. Condemnation proceedings instituted by the St. Louis, Arkansas and Texas Railway Company for the assessment of damages for the right of way of its railroad previously built without license across certain land belonging to Benjamin Newgass. Upon the trial the court held : “ 1. That the period to which reference should be made, in estimating the damages of Newgass for the right of way sought herein by the railroad company was the time when the said company entered upon the property mentioned in the company’s petition, and built its…
1Opinion of the CourtHemingway, J.
This appeal presents for our consideration three alleged errors—all relating to the rule adopted by the court below for assessing the amount to be paid appellant as compensation for taking his land for a railroad.
i. It is insisted that compensation should have been assessed with reference to the value of the land taken as of the time of filing the petition, and not as of the time of the entry upon the land by the corporation.
Upon this question the courts in different States have established different rules. It is held by some that the assessment should be made with reference to the time of…
2Cases cited6 opinions
- Searl v. School Dist. No. 2 in Lake Cty.Supreme Court of the United States · 1890
- Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Wood v. Drainage District No. 2Supreme Court of Arkansas · 1913
- Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
- DEPARTMENT OF TRANS. OF STATE OF FLA. v. NalvenSupreme Court of Florida · 1984
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
28 more not listed; retrieve them via the Exa API.