Omaha & North Western Railroad v. Menk
Nebraska Supreme Court
Error to the District Court of Washington County. William IT. Menk brought his action in that court upon an award made in his favor by commissioners under •the provisions of section ninety-seven, chapter eleven of the General Statutes, for damages occasioned by the appropriation, of a part of lots nine and ten in block thirty-four of the town of Blair, taken by the Ornaba and Northwestern Eailroad Company for right of way.
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Error to the District Court of Washington County. William IT. Menk brought his action in that court upon an award made in his favor by commissioners under •the provisions of section ninety-seven, chapter eleven of the General Statutes, for damages occasioned by the appropriation, of a part of lots nine and ten in block thirty-four of the town of Blair, taken by the Ornaba and Northwestern Eailroad Company for right of way. The award was as follows: “We the undersigned, disinterested freeholders and commissioners appointed by the probate judge of Washington County to appraise the damages…
1Opinion of the Court
Lake, Ch. J.
That such an action as this can be maintained cannot be doubted, where the damages are not deposited with the probate judge as the statute requires. The owner of the land thus appropriated has his election either to bring his action for the amount of the award, to enjoin the operating of the road across his premises until payment is made, or to sue in trespass for the unauthorized entry upon his premises.
But it is urged as a fatal objection to this award that it contains a provision that Menk should have the privilege of removing his dwelling house from the condemned premises. It…
2Cited by5 opinions
- Robinson v. Southern California Railway Co.California Supreme Court · 1900
- Missouri, Kansas & Texas Railway Co. v. MurphySupreme Court of Kansas · 1907
- Republican Valley Railroad v. FinkNebraska Supreme Court · 1885
- Faulkner v. MeyersNebraska Supreme Court · 1877
- Goff v. WeissNebraska Supreme Court · 1925