Atchison & N. R. Co. v. Plantt

• Decision Date: 25 April 1888
• Citation: Atchison & N. R. Co. v. Plantt, 24 Neb. 127, 38 N.W. 33 (Neb. 1888)
• Court: Nebraska Supreme Court
• Parties: ATCHISON & N. R. CO. v. PLANTT.

24 Neb. 127

38 N.W. 33

ATCHISON & N. R. CO.

v.PLANTT.

Supreme Court of Nebraska.

April 25, 1888.

Syllabus by the Court.

In an appeal from an award of damages for property taken for right of way purposes, if the appellant fail to obtain a more favorable judgment than was given by the commissioners who made the award from which the appeal is taken, such appellant will be liable for all costs occasioned by the appeal.

Error to district court, Richardson county; BROADY, Judge.

Appeal by the Atchison & Nebraska Railroad Company from an award of damages to Eli Plantt, in condemnation proceedings instituted by the company. The district court having taxed the costs on appeal against the company, it alleges error.Marquett & Deweese and E. W. Thomas, for plaintiff in error.

I. Reavis and C. Gillespie, for defendant in error.

MAXWELL, J.

The plaintiff in error instituted proceedings in the county court of Richardson county to condemn certain real estate for right of way purposes, the report of the commissioners being as follows: “We, the undersigned, disinterested freeholders and commissioners, residents of Richardson county, Neb., appointed by the county judge of said county to appraise the damages accruing to Eli Plantt by reason of the appropriation of that part of the following described real estate taken for right of way, side track, and railroad purposes by the Atchison & Nebraska Railroad Company, and situated in said Richardson county, as shown on the plat and profile of said road as submitted to us by the agent of said railroad company, viz.: The right of way, two hundred feet wide, on each side of the center line of the located roadway of said company, as staked out upon the south-east quarter of section thirteen, and upon the east half of the south-west quarter, all of section 13, town one north, of range 17 east, of the 6th P. M., and belonging to Eli Plantt,--having been duly qualified, and having each personally examined said premises on the day and at the time mentioned in notice filed with the county judge, at the office of said county judge in said county, find the quantity of land taken and value thereof as follows, to-wit: 20 1/4 acres of land, at $75 per acre, amounting to the sum of $1,518.75; all other damage accruing by reason of the taking of said land we do appraise at the sum of $1,481.25,--and we hereby accordingly award and appraise said value and damages at the total sum of $3,000.” From this award the railway company appealed to the district court of Richardson county, and on the trial of the cause in that court the jury returned the following verdicts: “We, the jury in this case, being duly impaneled and sworn and affirmed, find all the issues of this cause in favor of said Eli Plantt, plaintiff, and against the said Atchison & Nebraska Railroad Company; and we do find and assess the said plaintiff's (Eli Plantt's) damages to be and at the sum of $3,000. JOHN LICHTY, Foreman.” “If the jury believe from the evidence that the owner of the...