Legal Opinion

Dietrichs v. Lincoln & Northwestern Railroad

Nebraska Supreme Court

Decided November 15, 1881PublishedCited by 20 opinions

Error to the district court for Platte county. Tried helow, before Post, J. The opinion states the case. The plaintiff is entitled, not simply to such sum as the property would bring at forced sale, hut to such a sum as the property is worth in the market, to persons generally, if those desiring to purchase were found who were willing to pay a just and full value for his property.

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Error to the district court for Platte county. Tried helow, before Post, J. The opinion states the case. The plaintiff is entitled, not simply to such sum as the property would bring at forced sale, hut to such a sum as the property is worth in the market, to persons generally, if those desiring to purchase were found who were willing to pay a just and full value for his property. Patterson v. Boom Co, 3 Dill., 465. Lawrence v. Boston, 119 Mass., 126. Somerville R. R. v. Doughty, 22 N. J. L., 495. Thus, if the price realized at a forced sale is not the true criterion of the market value of…

1Opinion of the CourtCobb, J.

This cause was brought to the court below on appeal by the Lincoln & Northwestern Railroad Company, from the award of commissioners, appointed on the application of said railroad company, to appraise the value of the two lots and the improvements thereon, of William Dietrichs, in the city of Columbus, Platte county, taken by said railroad company for the use of its railroad.

The issue tried by the district court was a plain and simple one. As agreed by stipulation, it was as follows: “What was the market value of lots one and two, in block seventy-five, in the city of Columbus, Platte county,…

2Cited by20 opinions

  1. Lanquist v. City of ChicagoIllinois Supreme Court · 1902
  2. Grays Harbor Boom Co. v. LownsdaleWashington Supreme Court · 1909
  3. Peoria Gas Light & Coke Co. v. Peoria Terminal Railway Co.Illinois Supreme Court · 1893
  4. Omaha Southern Railway Co. v. ToddNebraska Supreme Court · 1894
  5. First Baptist Ch. of Maxwell v. State, Dept. of RoadsNebraska Supreme Court · 1965

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