Fremont, Elkhorn & Missouri Valley R. R. v. Whalen
Nebraska Supreme Court
Error to tbe district court for Stanton county, the causo having been brought there on appeal by Whalen from an assessment of damages in tbe sum of $191, made in tbe county court in his favor, on account of the location of the railroad over certain land owned by said Whalen. Trial before Barnes, J., and a jury? with verdict and judgment against tbe railroad for $892.11. cited Tufts v. Gify of Charleston, 4 Gray, 539. Bobb v. Maysville, '3 Met. (Ky.), 117. Penn.
Read the full summary
Error to tbe district court for Stanton county, the causo having been brought there on appeal by Whalen from an assessment of damages in tbe sum of $191, made in tbe county court in his favor, on account of the location of the railroad over certain land owned by said Whalen. Trial before Barnes, J., and a jury? with verdict and judgment against tbe railroad for $892.11. cited Tufts v. Gify of Charleston, 4 Gray, 539. Bobb v. Maysville, '3 Met. (Ky.), 117. Penn. B. B. v. Bushnell, 81 Penn. State, 144. ' Central Pacific v. Pearson, 35 Cal., 347. Wagner o. Cage County, 3 Neb., 237. Todd v.…
1Opinion of the CourtLake, J.
The first error complained of is, that the damages found by the jury were not warranted by the evidence. If all of the evidence submitted to the jury, and which by ’the instruction of the judge they were required to consider in making up their verdict, had been competent, this objection to the finding would have been without merit, but for the reasons we shall give in considering another branch of the case, we are of opinion that it is well taken.
The second and third errors assigned are of like import, and need not be separately considered.
The fourth error assigned is, “ That the court erred,…
2Cases cited3 opinions
- Fleming v. Chicago, D. & M. R. R.Supreme Court of Iowa · 1872
- Wagner v. Gage CountyNebraska Supreme Court · 1874
- Stewart v. McMillanSupreme Court of Iowa · 1872
3Cited by17 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
- Missouri Pacific Railway Co. v. HaysNebraska Supreme Court · 1883
- Chicago, Kansas & Nebraska R. R. v. WiebeNebraska Supreme Court · 1889
- Martin v. Fillmore CountyNebraska Supreme Court · 1895
12 more not listed; retrieve them via the Exa API.