Jaynes v. Omaha Street Railway Co.
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Irvine, J. The opinion contains a statement of the case.
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Error from the district court of Douglas county. Tried below before Irvine, J. The opinion contains a statement of the case. Whenever the location, construction, and use of a public improvement occasion a direct disturbance of a physical right which the owner enjoys in connection with his property, and the result of such interference is to lessen the market value of the property, then that property is damaged within the meaning of our constitution and the owner entitled to compensation commensurate with the injury sustained. {Gottsifoalk v. Chicago, B. & Q. 1?. Co., 14 Neb. 550; Rigney v.…
1Opinion of the Court
Ragan, C.
■ Minnie L. Jaynes brought this suit in the district court of Douglas county against the Omaha Street Raihvay Company, hereinafter called the raihvay company, a corporation organized under the laws of the state and owning and operating an electric street railway in the streets of the city of Omaha by permission of the city’s authority. *635Jaynes in her petition alleged,- among other things, that she was the owner of lot 8, in block 15, in R. V. Smith’s Addition to the city of Omaha; that'said lot was a tract of land 243 feet in length east and west and 66 feet in width north and south;…
2Cases cited24 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
19 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- Zehren v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1898
- Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900
- Patterson v. Horsefly Irrigation DistrictOregon Supreme Court · 1937
15 more not listed; retrieve them via the Exa API.