Trester v. Missouri P. R. Co.
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Field, J. Objections to the jurisdiction of a sheriff’s jury are not waived by an appeal from their award. (Schroeder v. R. Co., 44 Mich., 387 ; Slough v. R. Co., 33 N. W. Rep. [Ia.], 149; Kannev.
Read the full summary
Error to the district court for Lancaster county. Tried below before Field, J. Objections to the jurisdiction of a sheriff’s jury are not waived by an appeal from their award. (Schroeder v. R. Co., 44 Mich., 387 ; Slough v. R. Co., 33 N. W. Rep. [Ia.], 149; Kannev. R. Co., 23 N. W. Rep. [Minn.], 854.) As to the authority of the company to exercise the right of eminent domain over the premises: Thomas v. R. Co., 101 U. S., 71; Nichols v. Bridgeport, 23 Conn., 189; Judson v. Bridgeport, 25 Id., 428; People v. Brighton, 20 Mich., 57; Gillinwater v. R. Co., 13 111., 1; Stanford d. Worn, 27 Cal.,…
1Opinion of the CourtNorval, J.
The Missouri Pacific Railway Company on the 17th day of October, 1885, filed in the county court of Lancaster county its petition praying for the condemnation, for right of way purposes, of a strip 100 feet in width across the north half of the southeast quarter of the northeast quarter of section 24, town 10, range 6 east. The county judge appointed six disinterested freeholders, residents of said county, to assess and report the damages sustained by Milton L. Trester, the owner of said real estate, by reason of the location of the railroad. The damages assessed and reported by the…
2Cases cited10 opinions
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1885
- Atchison, Topeka & Santa Fé Railroad v. PatchSupreme Court of Kansas · 1882
- Attorney General v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1874
- Exchange National Bank v. CappsNebraska Supreme Court · 1891
- Republican Valley Railroad v. HayesNebraska Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Foltz v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- Webber v. City of ScottsbluffNebraska Supreme Court · 1951
- Burnett v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1946
- Roberts v. Sioux City & Pacific RailroadNebraska Supreme Court · 1905
- Pierce v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1943
10 more not listed; retrieve them via the Exa API.