Hollingsworth v. Des Moines & St. Louis R'y Co.
Supreme Court of Iowa
Appeal from Warren Circuit Cou/rt. Defendant instituted a proceeding under tbe statute for tbe condemnation of a lot in tbe city of Des Moines, belonging to plaintiff, for right of way for its railroad. Commissioners were appointed by the sheriff to assess the damages, and an appeal was taken to the circuit court from the assessment by the the commissioners. The case was tried in Warren county, and the statutory order was entered by the court on the verdict of the jury.
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Appeal from Warren Circuit Cou/rt. Defendant instituted a proceeding under tbe statute for tbe condemnation of a lot in tbe city of Des Moines, belonging to plaintiff, for right of way for its railroad. Commissioners were appointed by the sheriff to assess the damages, and an appeal was taken to the circuit court from the assessment by the the commissioners. The case was tried in Warren county, and the statutory order was entered by the court on the verdict of the jury. Defendant appeals.
1Opinion of the CourtReed, J.
1. Railroads: right of way damages: measure of. I. Defendant sought to appropriate the whole of the lot in question. The circuit court instructed the jury that the measure of plaintiffs’ damages was the market value of the lot at the time it was taken. Appellant assigns this ruling as error. Its position is that, as it acquires but a limited right in the property, and as plaintiffs retain an interest in it, the true measure of damages is the difference between the market value of the property at the time of appropriation, and the value of the interest therein remaining in plaintiffs.
It is…
2Cases cited1 opinion
- City of Dubuque v. MaloneySupreme Court of Iowa · 1859
3Cited by24 opinions
- Bridenstine v. Iowa City Electric Railway Co.Supreme Court of Iowa · 1917
- Lanquist v. City of ChicagoIllinois Supreme Court · 1902
- General Mills, Inc. v. PrallSupreme Court of Iowa · 1953
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- Smith v. HallSupreme Court of Iowa · 1897
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