Hastings & Grand Island R. R. v. Ingalls
Nebraska Supreme Court
Error to the district court for Adams county. Tried below before Gaslin, J. contended' that the law authorized the building of the road along the highway. Gen. Stat., 187, 188; that such occupation by a railroad is a legitimate use thereof and the legislature could grant this power.
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Error to the district court for Adams county. Tried below before Gaslin, J. contended' that the law authorized the building of the road along the highway. Gen. Stat., 187, 188; that such occupation by a railroad is a legitimate use thereof and the legislature could grant this power. Murphy v~ Chicago, 29 111., 279. Hinchman v. Patterson, 17 New Jersey Eq., 75. Milbowrn v. City, 12 Iowa, 246. Clinton v. Cedar Rapids, 24 Id., 455. On subject of additional burthen, cited: Cooley Const. Lim., 555. Barney v. Keokuk, 4 Dillon, 593. Attorney General v. Railroad,. 125 Mass., 515. Hobart v. Railroad,…
1Opinion of the CourtMaxwell, J.
In 1879 the defendant in error, Ingalls, commenced an action against the plaintiff in error to recover damages, by reason of the location and construction of the plaintiff’s railroad in the public road, on lands which the defendant had purchased and was in possession of, but had not fully paid for.
On the trial of the cause a verdict for $500 was given in favor of Ingalls, upon which judgment was rendered. The cause of action is set forth in the petition as follows:
“And the plaintiff further says, that on the west side of the land above described for the distance of one mile there is a public…
Also in this document: Concurrence.
2Cases cited3 opinions
- Williams v. New-York Central RailroadNew York Supreme Court · 1854
- Williams v. Natural Bridge Plank Road Co.Supreme Court of Missouri · 1855
- Henson v. OttIndiana Supreme Court · 1856
3Cited by20 opinions
- Chicago, Rock Island & Pacific Railway Co. v. O'NeillNebraska Supreme Court · 1899
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
- Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
- Jaynes v. Omaha Street Railway Co.Nebraska Supreme Court · 1898
- White v. . R. R.Supreme Court of North Carolina · 1893
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