Montana Eastern Railway Co. v. Lebeck
North Dakota Supreme Court
Appeal from a judgment and an order denying a new trial of the District Court of Williams County, Fish, J. Plaintiff appeals. The right of the plaintiff to condemn the mentioned strips of land is free from doubt. Bigelow v. Draper, 6 N. D. 152, 69 N. W. 570; Pitznogle v. Western Maryland R. Co. 119 Md. 673, 46 L.R.A.(N.S.) 319, 87 Atl. 917; State ex rel.
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Appeal from a judgment and an order denying a new trial of the District Court of Williams County, Fish, J. Plaintiff appeals. The right of the plaintiff to condemn the mentioned strips of land is free from doubt. Bigelow v. Draper, 6 N. D. 152, 69 N. W. 570; Pitznogle v. Western Maryland R. Co. 119 Md. 673, 46 L.R.A.(N.S.) 319, 87 Atl. 917; State ex rel. Dominick v. Superior Ct. 52 Wash. 196, .21 L.R.A.(N.S.) 448, 100 Pac. 317. The evidence is insufficient to support the verdict. The facts, upon which opinion evidence of witnesses is based, must be proved with reasonable certainty, and…
1Opinion of the CourtChristianson, J.
Plaintiff appeals from a judgment and an order denying its motion for a new trial in a condemnation proceeding where*167'in the defendants Fred C. Lebeck, Lora E. Lebeck, A. M. Gardner, and Florence S. Gardner were awarded a verdict for $2,363. The tract of land involved adjoins the town site of Fairview, which is located partly in the state of Montana and partly in McKenzie county, North Dakota. Prior to the taking of the strip involved in this action, the plaintiff railway company had acquired a right of way for its railway across respondents’ lands; and, also, acquired certain other lands for…
2Cases cited8 opinions
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Little Rock & Fort Smith Railway v. McGeheeSupreme Court of Arkansas · 1883
- Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896
- Petersburg School District v. PetersonNorth Dakota Supreme Court · 1905
- Tri-State Telephone & Telegraph Co. v. CosgriffNorth Dakota Supreme Court · 1909
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3Cited by11 opinions
- Froh v. HeinNorth Dakota Supreme Court · 1949
- Wishek Investment Co. v. McIntosh CountyNorth Dakota Supreme Court · 1950
- Frederickson v. HjelleNorth Dakota Supreme Court · 1967
- Foot, Schulze & Co. v. SkeffingtonNorth Dakota Supreme Court · 1925
- Grewer v. SchaferNorth Dakota Supreme Court · 1924
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