Prosser v. Wapello County
Supreme Court of Iowa
Appeal from Van Burén District Court. Evidence’: proof of damages: ferry rights of riparian owners. Prosser is tbe owner of a tract of land bordering on tbe Des Moines river, opposite the city of Ottumwa, and had license to keep a ferry across the ■river from a point opposite Market street in that city.
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Appeal from Van Burén District Court. Evidence’: proof of damages: ferry rights of riparian owners. Prosser is tbe owner of a tract of land bordering on tbe Des Moines river, opposite the city of Ottumwa, and had license to keep a ferry across the ■river from a point opposite Market street in that city. Davis and others petitioned tbe board of supervisors for tbe establishment of a public road through tbe land of said Prosser, commencing at Davis’ ferry landing opposite Green street in Ottumwa, and running S. W. about 600 yards to a point in the present road leading up the river. Prosser…
1Opinion of the CourtDillon, J.
*3301. Appeal: board or supervisors. *329I. We are of opinion that Prosser had a right to appeal to the District Court from the proceeding *330an^ decision of the board of supervisors. Upon this appeal he could have the question as to the amount of damages he would sustain by reason of the establishment of the proposed road over and upon his land, tried de novo. The court properly overruled the motion of the county to dismiss the appeal. In this respect its action is affirmed. Umbarger v. Bean, 15 Iowa, 256.
2. Evidence: opinion: damages. II. On the trial in the District Court, the county objected to the…
2Cases cited25 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Pearsall v. PostNew York Supreme Court · 1838
- Harrison v. YoungSupreme Court of Georgia · 1851
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- Hartley v. Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1892
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