Chicago, Rock Island & Pacific Railway Co. v. Farwell
Nebraska Supreme Court
Ekkok to the district court for Lancaster county. Tried below before Tuttle, J. The view is evidence. Carroll v. State, 5 Nebr., 35; Omaha & R. 7. R. Go. v. Walicer, 17 Nebr., 432. Market value of real estate is defined as the price that it will command when the purchaser is willing to buy and the owner to sell. The measure of damages, and the subject of inquiry, in a condemnation proceeding is the “market value” of land.
Read the full summary
Ekkok to the district court for Lancaster county. Tried below before Tuttle, J. The view is evidence. Carroll v. State, 5 Nebr., 35; Omaha & R. 7. R. Go. v. Walicer, 17 Nebr., 432. Market value of real estate is defined as the price that it will command when the purchaser is willing to buy and the owner to sell. The measure of damages, and the subject of inquiry, in a condemnation proceeding is the “market value” of land. Gldeago, R. I. & P. R. Go. v. Buel, 56 Nebr., 205; Gldeago, B. & Q. R. Go. v. O’Oonnor, 42 Nebr., 90; Blalceley v Gldeago, K. & N. R. Go., 25 Nebr., 207; Chicago, K. &N. R.…
1Opinion of the CourtSullivan, J.
There was recently filed in this case an opinion holding that the information acquired by a jury in viewing the property which is the subject of litigation, or the place where any material fact occurred, is itself evidence and not merely a means by which to estimate the probative value of evidence produced in the presence of the court. Chicago, R. I. & P. R. Co. v. Farwell, 59 Nebr., 544. Instructed by the oral argument and excellent brief of counsel for defendant in error, we have again carefully examined the grounds of our decision, without being able to reach a conclusion different from…
2Cases cited11 opinions
- Springer v. City of ChicagoIllinois Supreme Court · 1891
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- People v. BushCalifornia Supreme Court · 1886
- Peoria Gas Light & Coke Co. v. Peoria Terminal Railway Co.Illinois Supreme Court · 1893
- Foster v. StateMississippi Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carter v. ParsonsNebraska Supreme Court · 1939
- Kelley v. Adams CountyNebraska Supreme Court · 1925
- Stull v. Department of Roads & IrrigationNebraska Supreme Court · 1935
- Denison v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1938
- Falls City v. SperryNebraska Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.