De Penning v. Iowa Power & Light Co.

Defendant Iowa Power & Light Company condemned a 100-foot strip across plaintiff’s farm for a high voltage electric transmission line. Both parties appealed to the district court from the assessment of damages made by the commission appointed by the sheriff. Upon the appeal plaintiff alleged in his petition that defendant acquired under the condemnation the right of access to the condemned strip over the remainder of plaintiff’s farm. The trial court overruled defendant’s motion to strike these allegations as a misstatement of the rights of the parties, irrelevant, immaterial and redundant.…