White v. Wabash, St. Louis & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Monroe District Oourt. This is an action to recover the possession of land occupied by defendant with its railroad track, being a strip one hundred feet broad extending through plaintiff’s farm. A demurrer to defendant’s answer was sustained, and a demurrer to an amendment to plaintiff’s petition was overruled.
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Appeal from Monroe District Oourt. This is an action to recover the possession of land occupied by defendant with its railroad track, being a strip one hundred feet broad extending through plaintiff’s farm. A demurrer to defendant’s answer was sustained, and a demurrer to an amendment to plaintiff’s petition was overruled. The defendant failing to plead further, and the plaintiff’s damages being assessed by a jury, judgment in favor of plaintiff was rendered, from which defendant appeals.
1Opinion of the Court
Beck, J".
I. The petition shows that in an ad quod damnum, proceeding, instituted by the Des Moines & St. Louis Railway Company, the value of the land sought to be appropriated for the use of the railway was assessed at $2,-000, by the commissioners appointed in pursuance of the provisions of the statute. From this assessment the railway company appealed. Upon this appeal the cause was settled, and by agreement a judgment was rendered in favor of plaintiff for the amount of the assessment of the commissioners and interest, amounting to $2,087.17. It is further *282shown that, prior to the judgment…
2Cases cited1 opinion
- Blackshire v. Atchison, Topeka & Santa Fe Rld.Supreme Court of Kansas · 1874
3Cited by11 opinions
- Bannister v. McIntireSupreme Court of Iowa · 1900
- Burns v. Chicago, Fort Madison & Des Moines Railway Co.Supreme Court of Iowa · 1900
- City of San Antonio v. AstoriaCourt of Appeals of Texas · 1933
- Reynolds v. Railway Co.Supreme Court of Arkansas · 1894
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1891
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