Legal Opinion

Republican Valley Railroad v. Boyse

Nebraska Supreme Court

Decided January 15, 1883PublishedCited by 4 opinions

Error to the district court for Harlan county, where the cause had been brought on appeal from award of commissioners of damage occasioned by the taking of right of way for plaintiff’s railroad over defendant’s premises. Tried below before Gaslin, J.

1Opinion of the Court

Lake, Ch. J.

The errors complained of may all be considered under three heads:

First. That the verdict is not sustained by the evidence.

Second. Rulings of the judge on admission of evidence.

Third. Prejudice of one of the jurors.

On the first point, but little need be said. The testimony took a very wide range on the question of damages, and some of it, doubtless, might have been excluded if it had been objected to at the proper time. But, having been *131.given to the jury without objection, the question of its admissibility will not be considered on proceedings in error. On the question of damages,…

2Cases cited1 opinion

  1. Aultman & Taylor Co. v. HoweNebraska Supreme Court · 1880

3Cited by4 opinions

  1. Tessier v. CrowleyNebraska Supreme Court · 1884
  2. Graves v. ScovilleNebraska Supreme Court · 1885
  3. Donovan v. SherwinNebraska Supreme Court · 1884
  4. Nelson v. KeithNebraska Supreme Court · 1897

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