Burns v. Chicago, Fort Madison & Des Moines Railway Co.
Supreme Court of Iowa
Appeal from Wapello District Gourt. — IIon. T. M. Fee,. Judge. The petition averred that on June 22, 1892, damages resulting from the appropriation of the right of way across-plaintiff’s land by the defendant were -assessed a.t three hundred and seventy-five dollars, and the latter thereupon took, possession; that on appeal to the district court said damages were fixed at one thousand and fourteen dollars, and the proceedings approved here (102 Iowa, 7) ; that the defendant…
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Appeal from Wapello District Gourt. — IIon. T. M. Fee,. Judge. The petition averred that on June 22, 1892, damages resulting from the appropriation of the right of way across-plaintiff’s land by the defendant were -assessed a.t three hundred and seventy-five dollars, and the latter thereupon took, possession; that on appeal to the district court said damages were fixed at one thousand and fourteen dollars, and the proceedings approved here (102 Iowa, 7) ; that the defendant had’ satisfied all said damages, except the three hundred and seventy-five dollars, and it refused to pay this because…
1Opinion of the CourtLadd, J.
*3881 *387"We are not inclined to open for further consideration the questions determined in White v. Railway Co., 64 Iowa, 281. It was there held that money paid to the 'sheriff in ad quod damnum proceedings was by_way of secur*388ity to the landowner, and was not payment to him, and that the latter’s “title and right of possession can be extinguished only by the payment of the damages assessed.” In other words, nothing short of actual payment,' or its equivalent, to the owner, of the damages assessed, constitutes compensation for property wrested from him under the power of eminent domain. The opinion…
2Cases cited3 opinions
- Shipley v. ReasonerSupreme Court of Iowa · 1893
- Leach v. HillSupreme Court of Iowa · 1896
- White v. Wabash, St. Louis & Pacific R'y Co.Supreme Court of Iowa · 1884
3Cited by13 opinions
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Marshall Field Co. v. Oren Ruffcorn Co.Supreme Court of Iowa · 1902
- City of San Antonio v. AstoriaCourt of Appeals of Texas · 1933
- Fairley v. FalconSupreme Court of Iowa · 1927
- McClure v. Great Western Accident Ass'nSupreme Court of Iowa · 1908
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