Irish v. B. & S. W. R.
Supreme Court of Iowa
Appeal from Van Bwen Circuit Cou/rt. The petition states that the plaintiff, being the owner of certain real estate, and defendant being desirous of constructing its road over the same, caused commissioners to be appointed by the sheriff for the purpose of assessing the damages caused by the right of way; that damages were accordingly assessed, from which defendant took an appeal to the Circuit Court, and that judgment was rendered in such court in favor of the plaintiff;…
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Appeal from Van Bwen Circuit Cou/rt. The petition states that the plaintiff, being the owner of certain real estate, and defendant being desirous of constructing its road over the same, caused commissioners to be appointed by the sheriff for the purpose of assessing the damages caused by the right of way; that damages were accordingly assessed, from which defendant took an appeal to the Circuit Court, and that judgment was rendered in such court in favor of the plaintiff; that such judgment and damages have not been paid, and an injunction is asked. The answer alleges that the judgment was…
1Opinion of the Court
Seevers, Ch. J.
i.railroads: atf quod dam-tract'. The agreement referred to and made a part of the answer, was entered into after the appeal was taken, and is as follows: “In this case the Burlington Southwestern Railway Company propose to have the case docketed and a judgment affirmed or rendered for the amount assessed by the jury, to-wit: three hundred and sixteen dollars ($316.00), with stay of execution for two years; said judgment to be for said sum with six per cent on the same from date of the finding by the jury up to the judgment, and ten per cent on said judgment from date of same.…
2Cases cited6 opinions
- Foot v. New Haven & Northampton Co.Supreme Court of Connecticut · 1854
- Richards v. Des Moines Valley RailroadSupreme Court of Iowa · 1865
- Eggleston v. New York & Harlem Rail RoadNew York Supreme Court · 1859
- Hibbs v. C. & S. W. R.Supreme Court of Iowa · 1874
- Selden v. . the Del. Hud. Canal Co.New York Court of Appeals · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- Wood v. Michigan Air Line RailroadMichigan Supreme Court · 1892
- Pratt v. Des Moines Northwestern R'y Co.Supreme Court of Iowa · 1887
- Scott v. Price Bros. Co.Supreme Court of Iowa · 1927
- Harbach v. Des Moines & Kansas City Railway Co.Supreme Court of Iowa · 1890