Legal Opinion

Northeastern Nebraska Railroad v. Frazier

Nebraska Supreme Court

Decided July 15, 1888PublishedCited by 19 opinions

Error to the district court for Wayne county. Tried below before Powers, J. The court below erred in refusing to quash the panel of the petit jury. Ensign v. Harney, 15 Neb., 330. The-application for a change of venue should have been allowed. Sec. 61, Code of Civil Procedure.

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Error to the district court for Wayne county. Tried below before Powers, J. The court below erred in refusing to quash the panel of the petit jury. Ensign v. Harney, 15 Neb., 330. The-application for a change of venue should have been allowed. Sec. 61, Code of Civil Procedure. Richmond v. State, 16 Neb., 389. Simmerman v. State, 16 Neb., 618. The court erred in admitting evidence and instructing the jury upon the theory that plaintiffs were entitled to recover damages to the two tracts described as owners instead of lessees. Missouri Pacific R. R. Co. v. Hays, 15 Neb., 224. Pomeroy, Exr., v.…

1Opinion of the CourtMaxweee, J.

On the 11th day of June, 1886, plaintiff in error .filed its petition in the county court of Wayne county for the .appointment of commissioners to assess damages occasioned •by the appropriation of lands in Wayne county for the right of way of said railroad.

The petition showed the location of such railroad over and across the south half of the north-west quarter, and the north-east quarter of the south-west quarter of section .■six, township twenty-six, range three east of the sixth principal meridian; the legal title to this tract being, at the time of the filing of this petition, in the…

2Cases cited3 opinions

  1. Missouri Pacific Railway Co. v. HaysNebraska Supreme Court · 1883
  2. Clarke v. Chicago, Kansas, & Nebraska RailroadNebraska Supreme Court · 1888
  3. Omaha Belt Railway Co. v. JohnsonNebraska Supreme Court · 1888

3Cited by19 opinions

  1. Langdon v. Loup River Public Power DistrictNebraska Supreme Court · 1944
  2. Medelman v. Stanton-Pilger Drainage DistrictNebraska Supreme Court · 1952
  3. Omaha Southern Railway Co. v. ToddNebraska Supreme Court · 1894
  4. Kennedy v. Department of Roads & IrrigationNebraska Supreme Court · 1949
  5. Idaho & Western Railway Co. v. CoeyWashington Supreme Court · 1913

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