Virginia & Truckee Railroad v. Lovejoy
Nevada Supreme Court
Appeal from tbe District Court of tbe Second Judicial District', Ormsby County. This was an application to tbe court below for tbe condemnation for railroad purposes of about one and three fifths acres of ground belonging to defendant on tbe east side of Carson City.
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Appeal from tbe District Court of tbe Second Judicial District', Ormsby County. This was an application to tbe court below for tbe condemnation for railroad purposes of about one and three fifths acres of ground belonging to defendant on tbe east side of Carson City. Tbe petition set forth, among other things, tbat tbe petitioning company was “actively engaged in tbe operation of its railroad heretofore constructed between tbe City of Virginia, in tbe County of Storey, and tbe City of Carson, in tbe County of Ormsby, State of Nevada; tbat tbe present principal termini of said railroad are…
1Opinion of the Court
By the Court,
Garber, J.:
The demurrer to the petition was properly overruled. Toledo and Wabash Railway Co. v. Daniels, 16 Ohio St. 390.
The report of the commissioners fails to show that they, or a majority of them, met at the time and place ordered, and before entering on their duties were duly sworn to honestly, faithfully, and impartially perform the duties imposed upon them. Eor this reason the court erred in confirming the report. New Jersey Railroad and Transportation Company v. Suydam, 2 Harrison, N. J. 25; C. P. R. R. Co. v. Pearson, 35 Cal. 258.
This dispenses with the necessity of…
2Cases cited1 opinion
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
3Cited by2 opinions
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1881
- Cooper v. Anniston & Atlantic RailroadSupreme Court of Alabama · 1887