Cox v. Mason City & Fort Dodge Railway Co.
Supreme Court of Iowa
Appeal from WrigM District Court. — Hon. S. M. Weaver, Judge. The plaintiff is the owner of the north half of block 9 in Cox’s First addition, and all of block 10 in Cox’s Second addition, to Eagle Grove Junction, in Wright county.
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Appeal from WrigM District Court. — Hon. S. M. Weaver, Judge. The plaintiff is the owner of the north half of block 9 in Cox’s First addition, and all of block 10 in Cox’s Second addition, to Eagle Grove Junction, in Wright county. The defendant’s road is located across and touches lots 4, 5 and 6, in the north half of block 9, and lots 1, 2, 8, 4, 7, 8, 9, 10 and 11, in block 10. Proceedings were instituted by the plaintiff, by which a sheriff’s jury was impaneled, and the damages for the location of the road-assessed at $672.50. The defendant appealed to the district court, where the cause…
1Opinion of the CourtGranger, J.
i. Appeal : at>niecfdeemed" true. I. A motion is filed by appellee to strike from the abstract the record of a certain condemnation proceeding, and he presents an amended abstract, denying that they constitute any part of the record in the case. *22This additional abstract is undenied by appellants, and, following the case of Kearney v. Ferguson, 50 Iowa, 72, the motion must be sustained.
II. The first error assigned-relates to the admission of certain testimony touching the measure of damages, and to the clear, understanding of the question it will be unnecessary to set out in detail any part of…
2Cases cited2 opinions
- Kearney v. FergusonSupreme Court of Iowa · 1878
- Waltemeyer v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1887
3Cited by10 opinions
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- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
- Lough v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
- Ellsworth v. Chicago & Iowa Western Railway Co.Supreme Court of Iowa · 1894
- DIV. OF ADMIN., STATE DEPT. OF TRANSP. v. JirikDistrict Court of Appeal of Florida · 1985
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