Werthman v. City & Fort Dodge Railroad
Supreme Court of Iowa
Appeal from Garroll District Court.— Hons. Z. A. Church! and S. M. Exwood, Judges. • • Ad quod damnum proceedings, originally instituted by tbe defendant to condemn certain land belonging to plaintiff Simons for railway purposes. Werthman was made a party because he held a lease for tbe land. Tbe sheriff’s jury did not allow Werthman anything, and be appealed to the district court.
Read the full summary
Appeal from Garroll District Court.— Hons. Z. A. Church! and S. M. Exwood, Judges. • • Ad quod damnum proceedings, originally instituted by tbe defendant to condemn certain land belonging to plaintiff Simons for railway purposes. Werthman was made a party because he held a lease for tbe land. Tbe sheriff’s jury did not allow Werthman anything, and be appealed to the district court. Hpon a trial in that court be was awarded a verdict of $24. He immediately moved for a new trial, and bis motion was sustained. Before tbe case went to trial, defendant moved to dismiss tbe appeal from tbe action…
1Opinion of the CourtDeemer, J.
Many, if not most, of the questions raised on this appeal are determined adversely to appellant in, Simons et al. v. the Mason City & Ft. Dodge Railroad, 128 Iowa. These points need not be again considered, as the facte bearing thereon are practically the same in each case.
The only questions not common to the two appeals we shall now proceed to determine. They relate exclusively to the ruling on plaintiff’s motion for a new trial. This motion was bottomed on five grounds: (i) That the verdict was contrary to the evidence; (2) that it was not supported by the evidence; (3) that it was not…
2Cases cited2 opinions
- Renwick v. D. & N. W. R. Co.Supreme Court of Iowa · 1878
- Quinn v. Capital InsuranceSupreme Court of Iowa · 1891
3Cited by9 opinions
- Korf v. FlemingSupreme Court of Iowa · 1948
- Wilson v. FlemingSupreme Court of Iowa · 1948
- Batcheller v. Iowa State Highway CommissionSupreme Court of Iowa · 1960
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Chismore v. ChismoreSupreme Court of Iowa · 1914
4 more not listed; retrieve them via the Exa API.