Legal Opinion · Dissent

Pearse v. Loup River Public Power District

Nebraska Supreme Court

Decided March 1, 1940No. 30734Published

1DissentCarter, J.

The plaintiff is entitled to recover for the depreciation of the general market value of his land resulting from the construction of the transmission line. This damage may include any reasonable fears arising from the construction of the power line that would depreciate its general market value. But such fears should be limited to dangers known and reckoned with by purchasers and vendors of real estate generally. Without such a foundation the evidence is not properly admitted for the jury’s consideration. To permit the owner to testify to his personal fears, largely speculative and…

2Cases cited16 opinions

  1. Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. MoquinSupreme Court of the United States · 1931
  2. Kentucky Hydro-Electric Co. v. WoodardCourt of Appeals of Kentucky (pre-1976) · 1926
  3. Alabama Power Co. v. Keystone Lime Co.Supreme Court of Alabama · 1914
  4. F. M. Davis Iron Works Co. v. WhiteSupreme Court of Colorado · 1903
  5. Kentucky Hydro-Electric Co. v. ReisterCourt of Appeals of Kentucky (pre-1976) · 1926

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