Gallatin Valley Electric Ry. v. Neible
Montana Supreme Court
Appeal from District Court of Gallatin County; Ben B. Law, Judge. Proceedings in eminent domain by the Gallatin Valley Electric Eailway, a corporation, against Matthias Neible and Susan B. Clark. From the judgment in favor of defendants and an order denying plaintiff a new trial, plaintiff appeals.
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Appeal from District Court of Gallatin County; Ben B. Law, Judge. Proceedings in eminent domain by the Gallatin Valley Electric Eailway, a corporation, against Matthias Neible and Susan B. Clark. From the judgment in favor of defendants and an order denying plaintiff a new trial, plaintiff appeals. From the authorities below cited, we affirm the doctrine that, when the land owner has been paid the full value of the land actually taken for railroad purposes, the road has been constructed, and the market value of his property remaining has been enhanced by the improvement, the rule that…
1Opinion of the CourtJustice Hurly
This is an action by appellant to condemn a right of way tor a railroad through the lands of respondents. On May 25, 1910, commissioners were appointed, who filed their report on June 7 of that year, assessing damages in favor of respondents. On June 11, 1910, the appellant gave bond to the respondents for the construction of farm crossings, fences, etc., and on said date paid into court $1,265 for the benefit of respondent Clark, and likewise paid for the benefit of respondent Neible, $1,027.25, such sums being the amount of damages awarded to them respectively by the commissioners. An order…
2Cases cited34 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Buckhannon & Northern Railroad v. Great Scott Coal & Coke Co.West Virginia Supreme Court · 1914
- Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
- Guinn v. Ohio River R.West Virginia Supreme Court · 1899
- Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskeySupreme Court of Pennsylvania · 1885
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3Cited by7 opinions
- State v. Bradshaw Land & Livestock Co.Montana Supreme Court · 1935
- Lewis Clark County v. NettMontana Supreme Court · 1928
- Lineburg v. SandvenNorth Dakota Supreme Court · 1946
- Ellingson Agency, Inc. v. BaltruschMontana Supreme Court · 1987
- State ex rel. State Highway Commission v. OstwaltMontana Supreme Court · 1969
2 more not listed; retrieve them via the Exa API.