Oregonian Railway Co. v. Hill
Oregon Supreme Court
Appeal from Linn. The facts are stated in the opinion. In a proceeding for the condemnation of land, the court acts under a special stated authority, and is clothed with no power in that particular to render any other judgment than such as the statute authorizes. (Gear v. The Dubuque and Sioux Oity Rait/road Company, 20 Iowa, 527; Baltimore and Susquehanna R. R. v. Hesbit, 10 How., IT.
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Appeal from Linn. The facts are stated in the opinion. In a proceeding for the condemnation of land, the court acts under a special stated authority, and is clothed with no power in that particular to render any other judgment than such as the statute authorizes. (Gear v. The Dubuque and Sioux Oity Rait/road Company, 20 Iowa, 527; Baltimore and Susquehanna R. R. v. Hesbit, 10 How., IT. S., 395; Rait/road Co. v. Wilder, 17 Kan., 247.) A default does not admit the amount of damages which the respondent is entitled to recover. ' The court is not authorized to assess damages without proof and…
1Opinion of the Court
By the Court,
Lord, C. J.:
This is a statutory proceeding to condemn certain lands of the defendant for the use of plaintiff’s railroad. The complaint is in the usual form, and based «upon the inability of the parties to agree upon the proper compensation to be paid for the land sought to be appropriated. (Sections 40 and 43, Misc. Laws, 534.) The answer sets up no defense, but avers the value of the land and the damages resulting from the appropriation thereof, in conformity with section 45 of the same laws. These are the only pleadings specifically mentioned in the laws under consideration,…
2Cases cited9 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
- Walther v. WarnerSupreme Court of Missouri · 1857
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
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3Cited by15 opinions
- Oregon R. & Nav. Co. v. TaffeOregon Supreme Court · 1913
- State v. GanongOregon Supreme Court · 1919
- County of Kane v. Elmhurst National BankAppellate Court of Illinois · 1982
- Big Lost River Irrigation Co. v. DavidsonIdaho Supreme Court · 1912
- County of Madera v. Raymond Granite Co.California Supreme Court · 1903
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