Carlile v. Des Moines & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from, Polk District Court. — Hon. C. P. Holmes, Judge. Plaintiff is the owner of one hundred acres of land in Polk county, across which defendant's line of road is constructed and has been in operation about twelve years.
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Appeal from, Polk District Court. — Hon. C. P. Holmes, Judge. Plaintiff is the owner of one hundred acres of land in Polk county, across which defendant's line of road is constructed and has been in operation about twelve years. The defendant company, desiring additional land for its right of way and other railway purposes, instituted proceedings for its condemnation; and on the twenty-first day of October, 1892, the sheriff’s jury assessed the damage therefor at two hundred and fifty dollars, which the defendant paid to the sheriff, and took possession of the land. The plaintiff brings this…
1Opinion of the CourtGranger, J.
*3471 *346I. At the threshold is a question of the jurisdiction of the sheriff’s jury to assess the damage for the right of way, and, as the defendant justifies its possession because of such proceedings, the question is important. As a preliminary to the assessment of damage, because of a wrongful occupation by the defendant, the district court submitted to the jury *347a question of fact whether, before defendant asked the sheriff to summon a jury to assess the damage for the right of way, it attempted, in good faith, to agree with the plaintiff as to the amount of such damage, and said to the jury…
2Cases cited10 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Bacon v. ChaseSupreme Court of Iowa · 1891
- Geyer v. DouglassSupreme Court of Iowa · 1892
- Hartley v. Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1892
- First National Bank of Marshalltown v. WrightSupreme Court of Iowa · 1891
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3Cited by1 opinion
- Longstreet v. Town of SharonSupreme Court of Iowa · 1925