Deitrichs v. Lincoln & Northwestern R.
Nebraska Supreme Court
Appeal from the district court for Platte county, Post, J., presiding. Right to condemn exhausted by one user. Mills on Eminent Domain, sec. 58. Brooklyn Central B. B. v. Brooklyn City B. B., 32 Barb., 358. Hudson & Delaware Canal Co'.- v. JV.
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Appeal from the district court for Platte county, Post, J., presiding. Right to condemn exhausted by one user. Mills on Eminent Domain, sec. 58. Brooklyn Central B. B. v. Brooklyn City B. B., 32 Barb., 358. Hudson & Delaware Canal Co'.- v. JV. Y. & Erie B. B., 9 Paige Ch., 322. Moorhead v. Little Miama B. B., 17 Ohio, 340. Atkinson v. Marietta & Cincinnati B. B., 15 Ohio State, 21. Evidence of William Dietrichs should have been admitted. 1 Greenleaf on Evidence, sec. 99. 1 Wharton Evidence, secs. 172, 173. Before a corporation can condemn private property they are required to prove their…
1Opinion of the Court
Lake, Ch. J.
This action was commenced in the district court for Platte county to enjoin the condemnation of a lot in the city of Columbus, belonging to the plaintiff, by the defendant for railroad purposes.
In the court below the case was sent to a referee for trial, who reported his findings of fact and conclusions of law together with the evidence submitted to him. In accordance with these findings, the action was dismissed for want of equity. The several questions presented for our determination were raised on a motion for a new trial, and we will consider them in the order in which they…
2Cases cited2 opinions
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- Central Nebraska Public Power & Irrigation District v. WalstonNebraska Supreme Court · 1941
- State ex rel. Burlington & Missouri River Railroad v. ScottNebraska Supreme Court · 1888
- Roberts v. Sioux City & Pacific RailroadNebraska Supreme Court · 1905
- Gardner v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1903
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