Forney v. Fremont
Nebraska Supreme Court
Error to the district court for Dodge county, Tried below before Marshall, J. Redfield Railways, See. 69. Aldrich v. Drury, 8 Rhode Island, 554. Vermilya v. Railroad, 24 N. W. Rep., 234. Preston v. Railroad, 11 Iowa, 15. Proprietors v. Railroad, 104 Mass., 1. 0. &. N W. R. R. v. Menh, 4 Neb., 24. O’Dea v. State, 16 Id., 244. Chicago R. R. v. ICnuflce, 36 Kan., 367. Miss. River Bridge v. Ring, 58 Mo., 495. Mills Eminent Domain, Secs. 243, 258, 329.
1Opinion of the CourtMaxwell, J.
The plaintiff, in the spring of 1886, was the owner in fee of fractional lots 11 and 12 in Sampson’s addition to the city of Fremont. Sometime in May, 1886, the defendant, being desirous of extending its railroad over said lots, applied to the county judge of Dodge county for the appointment of commissioners to assess the damages that plaintiff would sustain by reason of the appropriation of part of said lots as its right of way. There was standing upon said lots one frame barn, which, as appears from the pleadings and evidence, stood partly on the right of way •condemned by defendant, and…
2Cited by8 opinions
- Central Nebraska Public Power & Irrigation District v. WalstonNebraska Supreme Court · 1941
- Omaha & Republican Valley Railway Co. v. RickardsNebraska Supreme Court · 1894
- Burnett v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1946
- Roberts v. Sioux City & Pacific RailroadNebraska Supreme Court · 1905
- Burlington & M. R. v. WhiteNebraska Supreme Court · 1889
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