Legal Opinion

Clayton v. Chicago, Iowa & Dakota R'y Co.

Supreme Court of Iowa

Decided October 22, 1885PublishedCited by 13 opinions

Appeal from Hardin Circuit Court. The- defendant’s railroad is located over a part of the plaintiff’s farm. The parties were unable to agree upon the compensation to be paid to the plaintiff for the right of way. Commissioners were selected by the sheriff to assess the damages, and they fixed the amount at the sum of $500. The plaintiff appealed from this assessment, and a trial by jury was had in the circuit court.

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Appeal from Hardin Circuit Court. The- defendant’s railroad is located over a part of the plaintiff’s farm. The parties were unable to agree upon the compensation to be paid to the plaintiff for the right of way. Commissioners were selected by the sheriff to assess the damages, and they fixed the amount at the sum of $500. The plaintiff appealed from this assessment, and a trial by jury was had in the circuit court. The jury fixed the compensation at $1,000, and the defendant appeals.

1Opinion of the CourtRothrook, J.

l. railroads: tion of right peiafview’hy jury: discretion of court, After the evidence was introduced, the defendant requested the court to order the jury to be taken to the farm and make a personal inspection and examination of the premises, lius request was denied. The statute (Code, & 27901 provides . v ° ' x that “whenever, in the opinion of the court, it is proper for the jury to have a view of the real property which is the subject of the controversy, * * * it may order them to be conducted in a body, under the charge of an officer, to the place,” etc., that such view may be had. This…

2Cases cited1 opinion

  1. Cummins v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884

3Cited by13 opinions

  1. Smith v. HallSupreme Court of Iowa · 1897
  2. Railway v. CombsSupreme Court of Arkansas · 1888
  3. Draker v. Iowa Electric Co.Supreme Court of Iowa · 1921
  4. Lithgow v. PearsonColorado Court of Appeals · 1913
  5. Matoza v. Southern Pacific Co.California Court of Appeal · 1922

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