Everett v. Union Pacific R.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. This is a proceeding instituted for the purpose of determining the damages sustained by the plaintiff, because of tbe appropriation by the defendant of certain real estate belonging to tbe plaintiff for tbe purposes of its road. Tbe plaintiff appealed from tbe assessment made by tbe sheriff’s jury to the Circuit Court.
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Appeal from Pottawattamie District Court. This is a proceeding instituted for the purpose of determining the damages sustained by the plaintiff, because of tbe appropriation by the defendant of certain real estate belonging to tbe plaintiff for tbe purposes of its road. Tbe plaintiff appealed from tbe assessment made by tbe sheriff’s jury to the Circuit Court. There was a transfer to tbe District Court where there was a trial by jury, which resulted in a verdict and judgment for tbe plaintiff and therefrom she appealed.
1Opinion of the Court
Servers, Oh. J.
I. After the jury was sworn, and when the plaintiff was about to introduce her evidence, the court announced “ that each party would be limited to five witnesses on the question of the value of the property.” After introducing five witnesses the plaintiff asked leave to produce and examine other witnessess touching the value of the property. This was refused. To said rulings the plaintiff excepted and assigned the same as error. It was admitted of record that the quantity of land owned by the plaintiff was ten acres and that one acre thereof had been appropriated by the…
2Cases cited1 opinion
- Kesee v. Chicago & N. W. R. R.Supreme Court of Iowa · 1870
3Cited by10 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- State Highway Commission v. DealOregon Supreme Court · 1951
- State v. MadisonSouth Dakota Supreme Court · 1909
- Bays v. HuntSupreme Court of Iowa · 1882
- Commonwealth v. GibbonsSuperior Court of Pennsylvania · 1897
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