TaiLexi AI U.S. Case Law

Nebraska & C. R. v. Scott

Nerraska & C. R. Co. v. Isabella Scott

Neb. & C. R. v. Scott, 48 N.W. 390 (Neb. 1891)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Nebraska Supreme Court · State Highest Courts
Decided
March 17, 1891
Judges
Maxwell, Other
Citations
48 N.W. 39031 Neb. 5711891 Neb. LEXIS 89
Headnotes
Railroads: Damages to Abutting Property. In an action against a railroad company to recover damages caused by the construction of a railway on a public road immediately in front of the plaintiff’s residence, the grade being between eight and nine feet in height, and access to the property obstructed, and the value thereof diminished, the evidence showed that the properly was thereby greatly diminished in value, and that the jury had based their verdict on the lowest estimate of the witnesses. Held, That the verdict would not be set aside.
Summary
Error to the district court for Thayer county. Tried below before Morris, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Maxwell

Text extracted by OCR from a scanned original; check the original for exact wording.

Maxwell, J.

This is an action to recover damages caused by the construction of a railroad on the public road immediately in front of the defendant in error’s house, the grade being raised between eight and nine feet, and the access to the property greatly obstructed, and the farm depreciated in value.

The action was brought to recover $490 and the jury returned a verdict for $400, upon which judgment was rendered.

No particular error has been pointed out and the verdict is fully supported by the testimony.

The jury seemed to have based their verdict upon the lowest estimate of the witnesses, and throughout seem to *572 have been entirely free from bias or desire to award excessive damages.

It is unnecessary to review the case at length. The judgment is right and is

Affirmed.

The other judges concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list