Mason City & Ft. D. R. v. Wolf
Court of Appeals for the Eighth Circuit
In Rrror to the Circuit Court of the United States for the District of Nebraska. This writ of error challenges a judgment obtained by Tressa Wolf against the railroad company for damages to her property caused by the construction and operation of railroad tracks in tlie vicinity thereof.
1Opinion of the Court
HOOK, Circuit Judge.
Upon the plaintiff’s lot in Omaha, Neb., were a double dwelling house and a cottage. No part of her property was taken or physically encroached upon by the railroad company, nor was there any proof of negligent construction of its works or operation of its engines and cars. But evidence was received at tlie trial of injury resulting from a deep excavation made by the company in adjoining lots purchased and owned by it, from the extension of the excavation across the public street upon which plaintiff’s lot fronts and *962also across the alley that runs in the rear, from the…
2Cases cited17 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Bacon v. WalkerSupreme Court of Georgia · 1886
- City of Omaha v. KramerNebraska Supreme Court · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. HaleTexas Supreme Court · 1941
- Eck v. City of BismarckNorth Dakota Supreme Court · 1979
- Snyder v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1944
- King v. Stark CountyNorth Dakota Supreme Court · 1937
- Evans v. VictorCourt of Appeals for the Eighth Circuit · 1913
9 more not listed; retrieve them via the Exa API.