Western Newspaper Union v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon, Hugh Brennan, Judge. TnE City of Des Moines instituted condemnation proceedings to award tbe damages to plaintiff’s leasehold, due to the construction of a viaduct over certain railway tracks in the City of Des Moines.
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Appeal from Polk District Court. — Hon, Hugh Brennan, Judge. TnE City of Des Moines instituted condemnation proceedings to award tbe damages to plaintiff’s leasehold, due to the construction of a viaduct over certain railway tracks in the City of Des Moines. The defendant sheriff selected a jury, which awarded the plaintiff the sum of $2,000. From this assessment the City appealed to the District Court, and upon trial to a jury, in that court, a verdict was returned, finding that plaintiff suffered no damages, and a judgment was accordingly entered against it for all of the costs of the…
1DissentEvans, J.
(dissenting in part). — I. I agree with the opinion that benefits to the property may be considered in this class of actions. The constitutional prohibition against consideration of benefits has no application thereto. I see no legal reason, however, for holding “that, while benefits may be considered, they should not be permitted to entirely preclude a recovery, .' . . and that in no event should the supposed benefits be permitted to entirely deprive the property owner or a lessee of all damages.” The foregoing quotation is from the opinion. Authority for this holding is claimed in Enos v.…
2Cases cited1 opinion
- Whitaker v. DalySupreme Court of Iowa · 1889