Wagner v. Gage County
Nebraska Supreme Court
'Tots action was tried in the district court of Gage county, on appeal from the award of three commissioners appointed by the county commissioners of that county, to assess damages sustained by John Wagner, by reason of the location of a public road on the north line of the west half of the north east quarter of section twenty-two, in township four, north of range six, east of the sixth principal meridian, thence south through the center of said section, taking in all about…
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'Tots action was tried in the district court of Gage county, on appeal from the award of three commissioners appointed by the county commissioners of that county, to assess damages sustained by John Wagner, by reason of the location of a public road on the north line of the west half of the north east quarter of section twenty-two, in township four, north of range six, east of the sixth principal meridian, thence south through the center of said section, taking in all about six and three-fourths acres of plaintiff’s land. The cause was tried before Mr. Justice Gantt, and a jury. The plaintiff…
1Opinion of the Court
Maxwell, J.,
Section thirteen of the bill of rights in our constitution declares that “ the property of no person shall be taken for the public use without just compensation therefor; ” and that section is only declaratory of the common law. Blackstone says, “ so great moreover is the regard of the law for private property, that it will not sanction the least violation of it; no, not even for the general good of the whole community. If a new road, for instance, were to be made through the grounds of a private person, it might perhaps be extensively beneficial to the public; but the law permits…
2Cases cited3 opinions
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Commonwealth v. Justices of the Sessions for the County of MiddlesexMassachusetts Supreme Judicial Court · 1812
- Livermore v. Town of JamaicaSupreme Court of Vermont · 1851
3Cited by13 opinions
- Chicago, Kansas & Nebraska R. R. v. WiebeNebraska Supreme Court · 1889
- Fremont, Elkhorn & Missouri Valley R. R. v. WhalenNebraska Supreme Court · 1881
- Martin v. Fillmore CountyNebraska Supreme Court · 1895
- Wiles v. Department of Public WorksNebraska Supreme Court · 1931
- Schaller v. City of OmahaNebraska Supreme Court · 1888
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