Henry v. Dubuque & Pacific Railroad
Supreme Court of Iowa
Appeal from the Dubuque District Court. This case was before the District Court on an appeal from tbe finding of six commissioners, appointed by the sheriff to assess plaintiff’s damages, on account of defendants having laid their road over his land.
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Appeal from the Dubuque District Court. This case was before the District Court on an appeal from tbe finding of six commissioners, appointed by the sheriff to assess plaintiff’s damages, on account of defendants having laid their road over his land. The bills of exceptions show, that on the trial of the cause, the court established the following rules and regulations, to be observed in the propounding of questions, in relation to the extent of damages: 1. What was the fair cash value of the land taken, at the time it was taken for public use, if the owner were willing to sell, and the…
1Opinion of the CourtIsbell, J.
This case involves the question, what is the true measure of damage where land is taken for railway purposes ? In the case of Sater v. The Burlington and Mount Pleasant Plank Road Company, 1 Iowa, 386, the principle at the foundation of this suit, was considered. But little argument was had in that case, and a petition for rehearing is now pending; it will, therefore, be proper to review the ground there taken.
No question is made in the case before us, on the right of the state to authorize the taking of land for public use, by railway companies. The objections to the ruling of the District…
2Cases cited5 opinions
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Campbell v. MesierNew York Court of Chancery · 1819
- Sater v. Burlington & Mount Pleasant Plank Road Co.Supreme Court of Iowa · 1855
- In re Rensselaer & Saratoga RailroadNew York Court of Chancery · 1834
- Commercial Bank of Pennsylvania v. Union BankNew York Supreme Court · 1853
3Cited by34 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Chicago, Burlington & Quincy Railroad v. City of ChicagoIllinois Supreme Court · 1894
- Kosters v. Sioux CountySupreme Court of Iowa · 1923
- Seattle & Montana Railway Co. v. MurphineWashington Supreme Court · 1892
- King v. Iowa Midland R. R.Supreme Court of Iowa · 1872
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