City of Omaha v. Howell Lumber Co.
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Doane, J. after contending that the doctrine of Wagner v. Gage Coimty and Schaller v. Omaha was intended to establish a rule of practice, and not a principle of the law of property, cited : Corn. v. Middlesex, 9 Mass., 388; Livermore v. Jamaica, 23 Yt., 361; Harvey v. P. Co., 47 Pa. St., 428; Troy & B. li.
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Error to the district court for Douglas county. Tried below before Doane, J. after contending that the doctrine of Wagner v. Gage Coimty and Schaller v. Omaha was intended to establish a rule of practice, and not a principle of the law of property, cited : Corn. v. Middlesex, 9 Mass., 388; Livermore v. Jamaica, 23 Yt., 361; Harvey v. P. Co., 47 Pa. St., 428; Troy & B. li. Co. v. Lee, 13 Barb. [N. Y.], 169; In re Furman St., 17 Wend. [N. Y.], 649; Giesy v. B. Co., 4 O. St., 330; Symonds v. Cincinnati, 14 O., 147 ; Cooley, Const. Lim. [5th Ed.], 520, 700, 701; 3 Sutherland, Damages, 432-3; 2…
1Opinion of the CourtMaxwell, J.
The city of Omaha extended Leavenworth street from block 187 to the Missouri river, and in doing so condemned a portion of the defendant in error’s land. Appraisers were duly appointed, who estimated the damages and made an award. An appeal was taken to the district court, where the jury returned a verdict as follows:
“ We, the jury duly impaneled and sworn to try the issues in the above entitled case, do find that the market value of the strip in controversy, at the time of the condemnation proceedings, was $8,625.
“ We do further find that the special benefits to the remaining land of "the…
2Cases cited4 opinions
- Fremont, Elkhorn & Missouri Valley R. R. v. WhalenNebraska Supreme Court · 1881
- Blakeley v. Chicago, Kansas & Nebraska RailwayNebraska Supreme Court · 1888
- Wagner v. Gage CountyNebraska Supreme Court · 1874
- Schaller v. City of OmahaNebraska Supreme Court · 1888
3Cited by4 opinions
- Martin v. Fillmore CountyNebraska Supreme Court · 1895
- Wiles v. Department of Public WorksNebraska Supreme Court · 1931
- Richardson v. Big Indian Creek Watershed Conservancy DistrictNebraska Supreme Court · 1967
- Richardson v. BIG INDIAN CREEK WATERSHED CON. DIST.Nebraska Supreme Court · 1967