Smalley v. Iowa Pacific R. R.
Supreme Court of Iowa
Appeal from, Bremer Ci/rowit Court. This is an appeal from an assessment of damages at $500 by a sheriff’s jury in an ad quod damnum case for a railroad right of way. The plaintiff here, the owner of the land, appealed from the finding of the sheriff’s jury. On a trial to a jury in the circuit court, the plaintiff recovered a verdict and judgment for $1,650. The defendant appeals to this court.
1Opinion of the CourtOole, J.
opinion o£ — I. The plaintiff is the owner of a farm composed of six government forties, lying in a body. The railroad runs diagonally through five of them, and with the exception ot three places, is continuously on cuts or fills, some of which are ten feet from the surface. The verdict of the sheriff’s jury specified five only of the six forties, and stated that their assessment was for damages caused “ by the location across them of the railroad.” There are fifteen assignments of error, and most of them relate to questions of evidence; but an examination of one or two will substantially…
2Cited by11 opinions
- Nelson v. Iowa State Highway CommissionSupreme Court of Iowa · 1962
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Clark v. EllsworthSupreme Court of Iowa · 1898
- Lough v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
- Randell v. Iowa State Highway CommissionSupreme Court of Iowa · 1932
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