Ball v. Keokuk & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Lee Circuit Court. The appeal is from proceedings instituted to ascertain the right of way damages due the plaintiff by reason of the taking of land for the defendant railway company. A sheriff’s jury was called, and the damages assessed. From the assessment the defendant appealed to the circuit court, where a trial was had, and the damages were again assessed. From that assessment the defendant appeals to this court.
1Opinion of the Court
Adams, Ch. J.
1. Pleading: amendment aeter verdict. I. In the proceedings as instituted, and in the trial upon appeal in the circuit court, the land in question was described as in township sixty-nine, , , , , whereas the land is m township sixty-seven. After the verdict the plaintiff asked leave to amend the *307papers so as to describe the land as in township sixty-seven, and such amendment was allowed to be made. The defendant claims that, in allowing such amendment, the court erred.
The sheriff’s jury examined the land in question in township sixty-seven, and all the witnesses who testified…
2Cases cited1 opinion
- Rush v. FrostSupreme Court of Iowa · 1878
3Cited by3 opinions
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Burt v. Florida Southern Railway Co.Supreme Court of Florida · 1901
- Dudley v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1889