Legal Opinion

Deaton v. County of Polk

Supreme Court of Iowa

Decided November 3, 1859PublishedCited by 11 opinions

Appeal from Polls District Court. ON the application of J. B. Chapman and others, to the county court of Polk county, a commissioner was appointed to examine and report to said court, as to the expediency of a proposed road in said county. The commissioners having-reported in favor of the establishment of said road, the court appointed a day when the matter would he acted upon.

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Appeal from Polls District Court. ON the application of J. B. Chapman and others, to the county court of Polk county, a commissioner was appointed to examine and report to said court, as to the expediency of a proposed road in said county. The commissioners having-reported in favor of the establishment of said road, the court appointed a day when the matter would he acted upon. In due time James P. Deaton and James S. Mills, in writing, remonstrated against the establishment of said road, and severally claimed damages for the injury to result to them in consequence thereof. The appraisers…

1Opinion of the Court

Stockton, J.—

It is objected by the defendant that the District Court, on appeal, allowed the plaintiff Deaton, to introduce evidence to show the inquiry sustained by him in the establishment of the road, in order to arrive at the damages to be awarded him. It is claimed by the defendant that the report of the appraisers is conclusive upon the question of damages, and that as they reported that the plaintiffs had sustained no damage, the court was bound thereby.

The appeal to the District Court is from this verdict of the appraisers, and from the judgment of the court thereon. The plaintiff…

2Cases cited5 opinions

  1. Peck v. SmithSupreme Court of Connecticut · 1814
  2. Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
  3. Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
  4. Babcock v. LambNew York Supreme Court · 1823
  5. Myers v. Old Mission & Whitbeck RoadSupreme Court of Iowa · 1858

3Cited by11 opinions

  1. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  2. Lough v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
  3. Preston v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
  4. Prosser v. Wapello CountySupreme Court of Iowa · 1865
  5. Bigelow v. WhitcombSupreme Court of New Hampshire · 1904

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