Legal Opinion

Midland Pacific Railroad v. McCartney

Nebraska Supreme Court

Decided July 1, 1871PublishedCited by 18 opinions

This was a petition in error filed in this court by the Midland Pacific Railroad Company. The facts are fully stated in the opinion except the single one that a motion for a new trial was filed in the court below, and that errors assigned in the petition in error are not included in the motion. The line of plaintiff’s railway crosses the defendant’s land. Defendant refused to give the right of way across the same.

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This was a petition in error filed in this court by the Midland Pacific Railroad Company. The facts are fully stated in the opinion except the single one that a motion for a new trial was filed in the court below, and that errors assigned in the petition in error are not included in the motion. The line of plaintiff’s railway crosses the defendant’s land. Defendant refused to give the right of way across the same. Appraisers, appointed as required by the laws of Nebraska, on actual view appraised the same. From this appraisement defendant appealed to the District Court of the First Judicial…

1Opinion of the CourtLake, J.

In the District Court this case was tried to a jury on an appeal from an assessment of damages for the right of way for a railroad track through the defendant’s lands.

A verdict was rendered by the jury assessing the dam? ages at the sum of |599.50. The plaintiff filed a motion for a new trial on the ground that the damages were excessive and not sustained' by sufficient evidence. The court overruled the motion for a new trial and entered judgment on the verdict against the railroad company, to which exceptions were duly taken.

Of the alleged errors this court can only consider .that which…

2Cases cited2 opinions

  1. Parks v. MarshallIndiana Supreme Court · 1857
  2. Stump v. FraleyIndiana Supreme Court · 1856

3Cited by18 opinions

  1. Horbach v. MillerNebraska Supreme Court · 1875
  2. Heard v. Dubuque County BankNebraska Supreme Court · 1878
  3. Cropsey v. WiggenhornNebraska Supreme Court · 1873
  4. City of Atchison v. ByrnesSupreme Court of Kansas · 1879
  5. Pierce v. ManningSouth Dakota Supreme Court · 1892

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