Hartshorn v. B., C. R. & N. R.
Supreme Court of Iowa
Appeal from, Benton Circuit Court. The defendant having served upon plaintiff tbe usual notices for tlie assessment of plaintiff’s damages for right of Avay over the property of plaintiff described below, tbe sheriff’s jury assessed said damages for right of way over the N. E. J of the N. E. ¿ of section 9, and S. E. J of section 4, township 85, range 14, at $400; and his damages for right of Avay over Hartshorn’s addition to the toAvn of Traer, Tama county, Iowa, at $533.…
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Appeal from, Benton Circuit Court. The defendant having served upon plaintiff tbe usual notices for tlie assessment of plaintiff’s damages for right of Avay over the property of plaintiff described below, tbe sheriff’s jury assessed said damages for right of way over the N. E. J of the N. E. ¿ of section 9, and S. E. J of section 4, township 85, range 14, at $400; and his damages for right of Avay over Hartshorn’s addition to the toAvn of Traer, Tama county, Iowa, at $533. The plaintiff served notices of appeal from these assessments. In the Circuit Court the assessments Avere united and…
1Opinion of the CourtDay, J.
i, natt.- . of°way:iiVJasages-.0 am — I. The plaintiff was permitted to prove that the right of way in question passed through his farm of four hundred and ninety-nine-acres, and he was allowed to show the depreciation in the value of his whole farm on account of the taking of the right of way, and construction of the road. The defendant excepted to the evidence as to the depreciation in value of the entire farm, and claims that the investigation should be confined to the damage to the governmental subdivisions over which the road runs, and which are described in the notice of assessment and…
2Cited by21 opinions
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Duggan v. StateSupreme Court of Iowa · 1932
- Chicago & West Michigan Railway Co. v. HuncheonIndiana Supreme Court · 1892
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