Ham v. Wisconsin, Iowa & Nebraska R'y Co.
Supreme Court of Iowa
Appeal from Marshall Circuit Court. An quod damnum to condemn land required by defendant for its right of way. The plaintiff appealed from the assesment made by tbe commissioners selected by tlie sheriff, and a judgment upon a verdict was rendered upon the appeal in the circuit court for $700, from which defendant appeals.
1Opinion of the CourtBeck, J.
— I. We will consider the objections to the judgment presented in argument by defendant in the order of their discussion by counsel.
l. evidence: admission" jection. *7182. practice in eonrtnssue not made ■below. *717Defendant insists that there was no proper evidence of plaintiffs ownership of the land, and at the conclusion of the evidence asked the court to so instruct the jury, There was evidence introduced at the trial tend-mg to show plamtin s possession and ownership, which was not objected to at the time. If this evidence be *718regarded as secondary in character, having been admitted without…
2Cases cited1 opinion
- Hartshorn v. B., C. R. & N. R.Supreme Court of Iowa · 1879
3Cited by17 opinions
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
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