Missouri Pacific Railway Co. v. Tipton
Nebraska Supreme Court
Error, from the district court for Otoe county. Tried below before Ramsey, J. The true rule of damages in a case of this kind is that, when the property destroyed or injured is so closely connected with the real estate on which it stands or to which it is attached that it has no value separate and independent of the real estate, the measure of damages is the difference in value between the real estate before the injury and after it.
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Error, from the district court for Otoe county. Tried below before Ramsey, J. The true rule of damages in a case of this kind is that, when the property destroyed or injured is so closely connected with the real estate on which it stands or to which it is attached that it has no value separate and independent of the real estate, the measure of damages is the difference in value between the real estate before the injury and after it. Rowe v. Chicago & N. W. R. Co., 102 la., 286; Louisville, E. & St. L. C. Co. v. Spencer, 149 111., 97; Dwight v. Elmira, C. & N. R. Co., 132 N. Y., 199; Ward v.…
1Opinion of the CourtHolcomb, J.
The plaintiff, defendant in error, recovered a judgment, in tlie trial court for the sum of $1,064.85, as and for damages on account of the ■ destruction of a large number of bearing cherry trees by fire alleged to have been wrongfully and negligently caused by the defendant—plaintiff in error—in the operation of its locomotives attached to its railway trains.
It is urged by counsel for defendant that the judgment should be reversed because of alleged erroneous instructions given and refused, and also for the reason the evidence is insufficient to support a recovery. We are precluded from…
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