Sater v. Burlington & Mount Pleasant Plank Road Co.
Supreme Court of Iowa
Appeal from the Lee District Gourt. This was a proceeding under a special statute, to recover compensation for the right of way over the land of the plaintiff, and conies up on the following bill of exceptions: “ Be it known that on the trial of this cause, evidence was given by the plaintiff tending to show, that the defendants had taken the right of way through plaintiff’s farm to build their plank road upon, in quantity between five and six acres; that it passed through…
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Appeal from the Lee District Gourt. This was a proceeding under a special statute, to recover compensation for the right of way over the land of the plaintiff, and conies up on the following bill of exceptions: “ Be it known that on the trial of this cause, evidence was given by the plaintiff tending to show, that the defendants had taken the right of way through plaintiff’s farm to build their plank road upon, in quantity between five and six acres; that it passed through the cultivated part of his farm, about one hundred and fifty-five rods, and sixty feet wide; that it divided an orchard…
1Opinion of the CourtIsbell, J.
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Tbe question now, for tbe first time, arises in tbis court, namely, wbat is tbe true criterion of compensation, in cases like tbe present? Eor, we assume, that wben tbe statute uses tbe word damage, it bas reference to tbe just compensation required- by tbe constitution. It can but be anticipated, that, in tbe progress of improvément in our state, like cases will frequently come before tbe judicial tribunals; and at tbis early period, it is desirable that some-plain, just rule, if possible, should be established, to guide in their determination. But it is quite obvious, that from tbe variety…
2Cited by13 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Town of Cherokee v. S. C. & I. F. Town Lot & Land Co.Supreme Court of Iowa · 1879
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
- Lough v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
- Croft v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
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