Chicago R. I. & P. R. R. v. Hurst
Supreme Court of Iowa
Appeal from General Term, Sixth District (Marion County). Commissioners properly appointed to assess the damages sustained by property owners in the county of Jasper, in consequence of the appropriation of the right of way over their premises by the C. R. I. & P. R. R. Co. on the 4th day of December, 1866, assessed damages to Alfred Hurst and S. G. Smith, for right of way over the S. E. J of the N. W. J, and the S. W. \ of the N. W. of section 7, tp. 79, range 21, at $150.…
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Appeal from General Term, Sixth District (Marion County). Commissioners properly appointed to assess the damages sustained by property owners in the county of Jasper, in consequence of the appropriation of the right of way over their premises by the C. R. I. & P. R. R. Co. on the 4th day of December, 1866, assessed damages to Alfred Hurst and S. G. Smith, for right of way over the S. E. J of the N. W. J, and the S. W. \ of the N. W. of section 7, tp. 79, range 21, at $150. Erom this assessment Alfred Hurst, December 28, appealed to the district court of Jasper county. At the November term,…
1Opinion of the CourtDay, J.
The principal question arising upon the record is that pertaining to the action of the court in overruling the motion to dismiss the appeal. The damages arising from the condemnation of the right, of way claimed were assessed to Alfred G. Hurst and S. G. Smith, leaving them to determine, in a proceeding between themselves, the portion of this sum to which each was entitled. From this assessment Alfred Hurst appealed, and a judgment was rendered in his favor for $1,200. The original assessment of $150 either was or was not merged in the judgment in the district court. If merged, what…
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