Chicago, Rock Island & Pacific Railway Co. v. Sturey

The plaintiff below, Mary Sturey, is the owner of lot 40, block 1, Houtz’s Place, in the city of Lincoln, which she occupies as a family homestead. In 1893 the defendant, without her knowledge or consent, constructed its railroad bed and laid its tracks over and across plaintiff’s premises and in the alley adjoining said lot, without condemning for right of way or making compensation for the loss. This suit was instituted to recover the damages sustained.' by reason of the premises, and the defendant has brought to this court for review the record of the judgment entered against it, assigning…