Legal Opinion
Clarke v. Chicago, Kansas, & Nebraska Railroad
Nebraska Supreme Court
Decided January 15, 1888PublishedCited by 4 opinions
Error to the district court for Thayer county. Tried Ibelow before Morris, J. Armstrong v. Freeman, 9 Neb., 11. Phans v. DeRoe, 15 Id., 631. Newman v. Mueller, 16 Id., 523. Bond v. Dolby, 17 Id., 491. Mich. Air Line R. R. v. Barnes, 6 N. W. R., 651. R. R. v. Birkett, 62 111., 332. Fitzgerald v. Fitzgerald, 16 Neb., 413. Green v. Chicago, 97 111., 370.
1Opinion of the CourtMaxwell, J.
The defendant located its line of railway across three quarter sections of the plaintiff’s land, and regular proceedings were instituted to condemn such right of way, and an award made by the commissioners and filed with the .county judge. An appeal was then taken to the district court, and on the trial the following verdicts were rendered :
“ We,..the jury in this case, being duly impaneled and sworn, do find and say that the plaintiff recover of the defendant, and assess his damages on the north-east quar-, ter of section 8, town 2, range 1 west of 6 P. M., at the sum of $145.79, for the…
2Cases cited2 opinions
- Gerrard v. Omaha, Niobrara & Black Hills RailroadNebraska Supreme Court · 1883
- Republican Valley Railroad v. HayesNebraska Supreme Court · 1882
3Cited by4 opinions
- Burnett v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1946
- Northeastern Nebraska Railroad v. FrazierNebraska Supreme Court · 1888
- State v. WrightNebraska Supreme Court · 1921
- Omaha Belt Railway Co. v. JohnsonNebraska Supreme Court · 1888