Legal Opinion

Sioux City, Railroad v. Brown

Nebraska Supreme Court

Decided July 15, 1882PublishedCited by 18 opinions

Error to the district court for Douglas county. Tried below before Savage, J., upon appeal from an award of damages made in the county court in favor of Brown for property in Omaha, condemned and appropriated by the railroad.

1Opinion of the Court

Lake, Ch. J.

We will dispose of the alleged errors in the order followed by the attorney of the plaintiff in error in his brief.

It is complained that the instructions to the jury were erroneous. As to the one given by the judge on his own motion, it is urged that it is “vague and general.” It is true that it states a general rule for the jury to observe in determining the amount of damages to be awarded, but it is not open to the chai’ge of vagueness. By it the jury were explicitly told that the owner of the lots taken by the company was entitled to “just compensation”- therefor; and that just…

2Cited by18 opinions

  1. Carleton v. StateNebraska Supreme Court · 1895
  2. Langdon v. Loup River Public Power DistrictNebraska Supreme Court · 1944
  3. Mississippi State Highway Commission v. TreasMississippi Supreme Court · 1945
  4. Feltz v. Central Nebraska Public Power & Irrigation Dist.Court of Appeals for the Eighth Circuit · 1942
  5. Kennedy v. Department of Roads & IrrigationNebraska Supreme Court · 1949

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