Ray v. Atchison & Nebraska R. R.
Nebraska Supreme Court
Error from the district court of Richardson county. It was a suit to enjoin the operation of defendant’s road across plaintiff’s premises, unless payment was made of a judgment recovered by him against the Burlington & Southwestern R. R., for damages sustained by the location of that road, it being alleged that the latter road had sold out to the defendant, who completed the construction, etc.
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Error from the district court of Richardson county. It was a suit to enjoin the operation of defendant’s road across plaintiff’s premises, unless payment was made of a judgment recovered by him against the Burlington & Southwestern R. R., for damages sustained by the location of that road, it being alleged that the latter road had sold out to the defendant, who completed the construction, etc. A demurrer to the petition was sustained, plaintiff excepted, and brought the cause here by petition in error. cited Bensly v. The Mountain, 13 Gal., 306. Horton v. Hoyt, 11 Iowa, 496. Commissioners v.…
1Opinion of the Court
Lake, Ch. J.
We think the facts stated in the petition were sufficient to authorize the injunction as prayed. The law as laid down in the case of the Omaha and Northwestern Railroad Company v. Menk, reported in this volume, is decisive of this case. We there held, substantially, that *442where the damages awarded for right of way by commissioners appointed in pursuance of the statute, were neither paid nor deposited with the probate .judge for the use of the party entitled thereto, the company had no right to operate its road across the land of another against his will, and if it did so the owner…
2Cited by4 opinions
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- Republican Valley Railroad v. FinkNebraska Supreme Court · 1885
- Sutliff v. JohnsonNebraska Supreme Court · 1885
- Goff v. WeissNebraska Supreme Court · 1925