Missouri Pacific Railway Co. v. Hays
Nebraska Supreme Court
Error to the district court for Richardson county, where the cause had been brought on appeal by Hays from an award of damages for the location of the right of way of the M. P. R. R. over his land, etc. There was a trial, and ■a verdict in favor of Hays for $275. This verdict was set ■aside on motion of Hays and a new trial granted.
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Error to the district court for Richardson county, where the cause had been brought on appeal by Hays from an award of damages for the location of the right of way of the M. P. R. R. over his land, etc. There was a trial, and ■a verdict in favor of Hays for $275. This verdict was set ■aside on motion of Hays and a new trial granted. At the second trial, before Dayidson, J., verdict in favor of Hays for $860, judgment, motion for new trial overruled, and ■.the R. R. company came up on a petition in error. cited: Sutherland Dam., 810. Woodward v. Leavitt, 107 Mass., 453. As to date when damages…
1Opinion of the Court
Lake, Ch. J.
It is claimed that the court below erred in setting aside the first verdict and granting a new trial. The record before us is not in a condition to show upon what particular ground that ruling was made. In the motion for a new trial several reasons were assigned therefor, followed by the statement that, “Deference is hereby made to affidavits in support of some of the causes herewith filed.” There is also appended to the bill of exceptions, but in no way made a part of it, the affidavits of persons representing themselves as members of the jury respecting the deliberations in the…
2Cases cited7 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
- Graham v. Connersville & New Castle Junction RailroadIndiana Supreme Court · 1871
- Fremont, Elkhorn & Missouri Valley R. R. v. WhalenNebraska Supreme Court · 1881
- Lafayette, Muncie & Bloomington R. R. v. MurdockIndiana Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Greenberg v. Fireman's Fund InsuranceNebraska Supreme Court · 1949
- Platte Valley Public Power & Irrigation District v. ArmstrongNebraska Supreme Court · 1955
- Patterson v. KerrNebraska Supreme Court · 1934
- Oregon Short Line R. Co. v. JonesUtah Supreme Court · 1905
- Faulk v. Missouri River & N. W. Ry. Co.South Dakota Supreme Court · 1911
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