Remey v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Monroe District Court. — IIon. Bobert Suoan, Judge. 1 Condemnation proceedings of a railroad right of way. A sheriff’s jury was appointed at defendant’s request to assess the damages plaintiffs might sustain by reason of the taking of the right of way through their land, and returned the following verdict: “We do not find that he or any of the prior owners of said land have ever paid back the damage which was originally paid by the corporation that first obtained…
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Appeal from Monroe District Court. — IIon. Bobert Suoan, Judge. 1 Condemnation proceedings of a railroad right of way. A sheriff’s jury was appointed at defendant’s request to assess the damages plaintiffs might sustain by reason of the taking of the right of way through their land, and returned the following verdict: “We do not find that he or any of the prior owners of said land have ever paid back the damage which was originally paid by the corporation that first obtained the right of way. Guided by the law of this state in such cases made and provided, viz., section 2016 of the Code of…
1Dissent
Deembr, J.,
(dissenting). — It is always an unpleasant duty to dissent from the deliberate concluátons of the majority of my brethren, and particularly so when that dissent is on what is ordinarily a very plain proposition, to-wit, the construction of our previous decisions. I would not'raise a protest, were it not for the fact that in my judgment previous cases are misconstrued and overruled, and a holding made which in effect destroys a rule of property that has existed for more than II years. Moreover, the question involved is the construction of a statute which has been on our boohs for…
2Cases cited8 opinions
- Smith v. HallSupreme Court of Iowa · 1897
- Brown v. YoungSupreme Court of Iowa · 1886
- Noll v. Dubuque B. & M. R. R.Supreme Court of Iowa · 1871
- Clark v. HymanSupreme Court of Iowa · 1880
- McGahen v. CarrSupreme Court of Iowa · 1858
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