Harrison v. Iowa Midland R. R.
Supreme Court of Iowa
Appeal from CUnion Ci/reuit Court. Action in circuit court upon an appeal of plaintiff from an award of commissioners assessing his damages at $250, for the taking of certain of his property by defendant for right of way. Jury trial. Judgment for plaintiff for $287. Plaintiff appeals. The necessary facts are disclosed in the opinion.
1Opinion of the CourtDay, J.
^-rtdraoe^of: right of way. — I. Upon the trial plaintiff introduced several witnesses and asked of them in substance the following question : “ How much less in value was the farm immediately after taking the land for right of , . ,, ,. ,, ., way, and m consequence thereof, than it was immediately before, not taking into account any supposed benefits to result from the building of defendant’s railroad ? ”
This question was objected to and excluded.
The witness, however, testified as to the value of the farm immediately before the right of way was taken, and immediately thereafter, not taking…
2Cases cited4 opinions
- Close v. SammSupreme Court of Iowa · 1869
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Miller v. BryanSupreme Court of Iowa · 1856
- Prosser v. Wapello CountySupreme Court of Iowa · 1865
3Cited by13 opinions
- Sheer Construction, Inc. v. W. Hodgman & Sons, Inc.Supreme Court of Iowa · 1982
- Fremont, Elkhorn & Missouri Valley Railroad v. MarleyNebraska Supreme Court · 1888
- Hatton v. GreggCalifornia Court of Appeal · 1906
- Tilton v. Iowa Power and Light CompanySupreme Court of Iowa · 1959
- B. & M. R. R. v. SchluntzNebraska Supreme Court · 1883
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