Guinn v. Iowa & St. Louis Railway Co.
Supreme Court of Iowa
Appeal from Appanoose •District Court.— Hon. M. A. Roberts, Judge. Upon defendant’s motion, a sheriff’s jury was selected to assess plaintiff’s damages by reason of condemning a right of way for railway purposes through his land. On April 16, 1902, this jury awarded plaintiff the sum of $300, and from this award he appealed to the district court.
Read the full summary
Appeal from Appanoose •District Court.— Hon. M. A. Roberts, Judge. Upon defendant’s motion, a sheriff’s jury was selected to assess plaintiff’s damages by reason of condemning a right of way for railway purposes through his land. On April 16, 1902, this jury awarded plaintiff the sum of $300, and from this award he appealed to the district court. Upon a second trial to a jury in that court, plaintiff was awarded the sum of $1,550, for which amount, with $400 attorney’s fees for his attorney, judgment was rendered. Defendant immediately appealed to this court. Thereafter plaintiff filed a…
1Opinion of the Court
Deemer, J.—
1. eminENt do. dam-aden¿e.ev1’ The case has once before been in this court. See 125 Iowa, 301. Upon the second trial witnesses were permitted, in answer to hypothetical questions, †0 £aiie consideration “ all the surround-main: ing circumstances as they saw them after the railway was constructed ” and “ the entire situation and sur- . roundings, of the farm as you [they] saw them ” and “ the location of the road with reference to Horseshoe lake.” This is complained of. In the same questions, however, the witnesses were directed to assume that the railway was properly constructed,…
2Cases cited15 opinions
- Close v. SammSupreme Court of Iowa · 1869
- Hollingsworth v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
- Hayes v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1884
- Levi v. KarrickSupreme Court of Iowa · 1863
- Cummins v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Portland-Seattle Auto Freight, Inc. v. JonesWashington Supreme Court · 1942
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Doty v. City of JacksonvilleSupreme Court of Florida · 1932
- High v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1922
- Skinner v. CronSupreme Court of Iowa · 1927
4 more not listed; retrieve them via the Exa API.