Legal Opinion

A. & N. R. v. Boerner

Nebraska Supreme Court

Decided March 16, 1892PublishedCited by 16 opinions

Error to the district court for Richardson county. Tried below before Broady, J. The trial in the district court determined the amount of damages due to Boerner. (Mills, Eminent Domain, sec. 216; Montmorency Gravel Road Co. v. Stockton, 43 Ind., 328; Blakely v. R. Co., 25 Neb., 207; Lajlin v. R. Co., 33 Fed.

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Error to the district court for Richardson county. Tried below before Broady, J. The trial in the district court determined the amount of damages due to Boerner. (Mills, Eminent Domain, sec. 216; Montmorency Gravel Road Co. v. Stockton, 43 Ind., 328; Blakely v. R. Co., 25 Neb., 207; Lajlin v. R. Co., 33 Fed. Rep. [Wis.], 422; G, K. & N. R. Co. v. Wiebe, 25 Neb., 547; F., E. & M. V. R. Co. v. Whalen, 11 Id., 585.) Where a portion of the real estate is taken, the remedy by statute for all damages is exclusive. (C. & H. V. R. Co. v. Gardner, 32 Am. & Eng. R. Cases, 243 and notes; R. V. R. Co. v.…

1Opinion of the CourtNorval, J.

This action was brought in the court below by August Boerner, the defendant in error, to recover damages by reason of the construction of the Atchison & Nebraska railroad near his real estate, in the town of Rulo. There was a trial to a jury, who assessed the damages at $1,500. The defendant’s motion for a new trial was overruled and judgment entered on the verdict, to reverse which the railroad company brings error.

The property in question is lots 5, 6, 7, and 8, in block 2, in Rouleau & Bedard’s addition to the town of Rulo. The lots are bounded on the east by Commercial street, and. on the…

2Cases cited12 opinions

  1. Port Huron & South-Western Railway Co. v. VoorheisMichigan Supreme Court · 1883
  2. Gottschalk v. C., B. & Q. R. R.Nebraska Supreme Court · 1883
  3. Chicago, Kansas & Nebraska R. R. v. WiebeNebraska Supreme Court · 1889
  4. Hartshorn v. B., C. R. & N. R.Supreme Court of Iowa · 1879
  5. Northeastern Nebraska Railroad v. FrazierNebraska Supreme Court · 1888

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3Cited by16 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. O'NeillNebraska Supreme Court · 1899
  2. Omaha Southern Railway Co. v. BeesonNebraska Supreme Court · 1893
  3. Burnett v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1946
  4. Keller v. MillerSupreme Court of Colorado · 1917
  5. Snyder v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1942

11 more not listed; retrieve them via the Exa API.

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