King v. Iowa Midland R. R.
Supreme Court of Iowa
Appeal from Jackson OvrcvAt Oourt. This is a proceeding, commenced, as the law requires, before tbe sheriff and a jury of tbe proper county, to assess tbe damages sustained by plaintiff, by reason of tbe location of defendant’s railroad over bis lands. Tbe plaintiff appealed from tbe assessment made by tbe jury to tbe circuit court. Upon a trial in that court, a verdict and judgment was rendered in bis favor for $800. Defendant appeals to this court.
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Appeal from Jackson OvrcvAt Oourt. This is a proceeding, commenced, as the law requires, before tbe sheriff and a jury of tbe proper county, to assess tbe damages sustained by plaintiff, by reason of tbe location of defendant’s railroad over bis lands. Tbe plaintiff appealed from tbe assessment made by tbe jury to tbe circuit court. Upon a trial in that court, a verdict and judgment was rendered in bis favor for $800. Defendant appeals to this court. Tbe facts necessary for a proper understanding of tbe points ruled are found in tbe opinion.
1Opinion of the Court
Beck, Ch. J.
1.Ad quod damnum proceedings: railroad right of way. I. Upon the trial the plaintiff, against the defendant’s objection, was permitted to give evidence °f the manner in which the railroad of defendant ™s constructed upon plaintiff’s land, an(j -¡-0 g^o^- that water falling upon the land appropriated was, by a ditch along the track of the railroad, conducted into plaintiff’s field, and that on one occasion a quantity of bay and an acre of corn were destroyed thereby. The evidence was improperly admitted. Damages resulting from the negligent construction of the railroad and…
2Cases cited2 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Death v. Bank of PittsburgSupreme Court of Iowa · 1855
3Cited by22 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- O'Hare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1891
- Peoria Gas Light & Coke Co. v. Peoria Terminal Railway Co.Illinois Supreme Court · 1893
- Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
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