Fremont, E. & M. V. R. v. Meeker
Nebraska Supreme Court
Error to the district court for York county. Tried below before Norval, J. Before the company can be held liable under the conr demnation act (see. 97, ch. 16, Comp. Stats.), it must have appropriated some portion of the land to be affected.
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Error to the district court for York county. Tried below before Norval, J. Before the company can be held liable under the conr demnation act (see. 97, ch. 16, Comp. Stats.), it must have appropriated some portion of the land to be affected. (B. & M. R. Co. v. Reinhaelcle, 15 Neb., 279; R. V. R. Co. v. Fellers, 16 Id., 169; C., K. <& K R. Co. v. Wiebe, 25 Id., 542.) If defendant in error has been damaged by reason of the conditions'complained of, he must resort to an independent proceeding where the questions can be properly tried. The track occupies no portion of claimant’s land, and the…
1Opinion of the CourtMaxwell, J.
The defendant in error in 1887 was and now is possessed of about three acres of land in the outskirts of the city of York. In the year named the plaintiff in error located its line of road north of said tract, so that a small corner thereof was taken, being but ~]-0- of an acre. The plaintiff in error, through its attorney, George W. Post, seems to have made an effort to effect a settlement with the defendant, but was unable to do so and seems to have made no effort to condemn the land. In February, 1888, the defendant in ei’ror filed a petition in the county court of York county for the…
2Cases cited3 opinions
- Missouri Pacific Railway Co. v. HaysNebraska Supreme Court · 1883
- Chicago, Kansas & Nebraska R. R. v. WiebeNebraska Supreme Court · 1889
- Omaha Belt Railway Co. v. JohnsonNebraska Supreme Court · 1888
3Cited by12 opinions
- Wahlgren v. Loup River Public Power DistrictNebraska Supreme Court · 1941
- Barr v. City of OmahaNebraska Supreme Court · 1894
- Arkansas Valley & Western Railway Co. v. WittSupreme Court of Oklahoma · 1907
- Pierce v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1943
- Beckman v. Lincoln & Northwestern RailroadNebraska Supreme Court · 1909
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