Hartley v. Keokuk & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Lee District. Court. — Hon. J. M. Casey, Judge. Proceeding to ascertain the compensation to which the plaintiffs are entitled for a right of way occupied by the defendant. Prom the assessment made by the sheriff’s jury the plaintiffs appealed to the district court. A trial in that court resulted in a’verdict in favor of the plaintiffs for the sum of seven thousand, nine hundred and sixty-two dollars and twenty-four •cents.
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Appeal from Lee District. Court. — Hon. J. M. Casey, Judge. Proceeding to ascertain the compensation to which the plaintiffs are entitled for a right of way occupied by the defendant. Prom the assessment made by the sheriff’s jury the plaintiffs appealed to the district court. A trial in that court resulted in a’verdict in favor of the plaintiffs for the sum of seven thousand, nine hundred and sixty-two dollars and twenty-four •cents. Judgment was rendered on the verdict, and the •defendant appeals.
1Opinion of the CourtRobinson, C. J.
This proceeding was commenced in October, 1886. In November of that year it was •enjoined in an action brought for that purpose. That action was subsequently disposed of. by an order in harmony with the decision of this court in Keokuk & N. W. R’y Co. v. Donnell; 77 Iowa, 221, and further action was had in this proceeding in the latter part of the year 1889. The application of the’ plaintiffs, filed with the sheriff, asked that a jury be impaneled to assess the damages the plaintiffs had sustained by the taking of the right of way by the defendant for its road from the land of the plaintiffs,…
2Cases cited12 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Daniels v. C., I & N. R.Supreme Court of Iowa · 1875
- Gear v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
- Renwick v. D. & N. W. R. Co.Supreme Court of Iowa · 1878
- Hibbs v. C. & S. W. R.Supreme Court of Iowa · 1874
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3Cited by17 opinions
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Scott v. City of Sioux CitySupreme Court of Iowa · 1988
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- De Penning v. Iowa Power & Light Co.Supreme Court of Iowa · 1948
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