Legal Opinion

Van Husen v. Omaha Bridge & Terminal Railway Co.

Supreme Court of Iowa

Decided October 29, 1902PublishedCited by 10 opinions

Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Condemnation proceedings to assess the amount-of damages to which plaintiffs are entitled by reason of tbe occupancy of a part of their lands by the defendant railway company. From the award made by tbe district court, plaintiffs appeal.

1Opinion of the CourtDeemer, J.

Sometime in the fall of the year 1889 the Union Pacific Railway Company commenced the construction of the roadbed in question. At that time the ownership of the land on which the railway was constructed, together with other lands in what is known as the “East Omaha Bottom,” was in dispute. The Union Pacific Company, the East Omaha Land Company, and the Nebraska Perry Company, and Anthony W. Street, its trustee, claimed ownership of portions of the land lying in that bottom; the boundaries of the respective tracks being unknown, and in dispute. Soon after the Union Pacific Company commenced…

2Cases cited14 opinions

  1. Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
  2. Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
  3. Stow v. WyseSupreme Court of Connecticut · 1828
  4. Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
  5. De Frieze v. QuintCalifornia Supreme Court · 1892

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3Cited by10 opinions

  1. Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
  2. Alcorn v. LinkeSupreme Court of Iowa · 1965
  3. State Security Bank v. HoskinsSupreme Court of Iowa · 1906
  4. Guinn v. Iowa & St. Louis Railway Co.Supreme Court of Iowa · 1906
  5. Johnson v. LaveneSupreme Court of Iowa · 1923

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