Hein v. Waterloo, Cedar Falls & Northern Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — F. O. Ellison, Judge. Action at law on an appeal to the district court from the award of a sheriff’s jury upon the question of the damages to be paid plaintiff for the tailing of a right of way through her land. There was a trial to a jury, which assessed plaintiffs’ damages at $3,050. The defendant appeals. —
1Opinion of the CourtPreston, J.
appeal and error: findctfs- misconduct new°t5ai1: Three acres of land were taken for the right of way through 76 acres ° jo lant^ owned hy plaintiff near Cedar Rapids. The right of way divided into substantially equal parts a timber pasture of about 35 acres, and this pasture'was separated from the balance of the farm by a public highway. The highest witness for plaintiff placed the damages at $3,080, according to appellant’s claim, but appellee says $3,420. Appellant claims that the witness ’for defendant placed the damages at approximately $1,000, while appellee says that the average of the…
2Cases cited21 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Withey v. Fowler Co.Supreme Court of Iowa · 1914
- Rayburn v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
- State v. HelmSupreme Court of Iowa · 1894
- State v. WilsonSupreme Court of Iowa · 1913
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. LaMarSupreme Court of Iowa · 1967
- Corkery v. GreenbergSupreme Court of Iowa · 1962
- Connelly v. NolteSupreme Court of Iowa · 1946
- Johnson v. KinneySupreme Court of Iowa · 1942
- State v. KobylaszSupreme Court of Iowa · 1951
7 more not listed; retrieve them via the Exa API.