Omaha & Republican Valley Railroad Co. v. Rogers

• Decision Date: 29 May 1884
• Citation: 19 N.W. 603,16 Neb. 117
• Parties: OMAHA & REPUBLICAN VALLEY RAILROAD COMPANY, PLAINTIFF IN ERROR, v. H. D. ROGERS, DEFENDANT IN ERROR
• Court: Nebraska Supreme Court

19 N.W. 603

16 Neb. 117

OMAHA & REPUBLICAN VALLEY RAILROAD COMPANY, PLAINTIFF IN ERROR, v. H. D. ROGERS, DEFENDANT IN ERROR

Supreme Court of Nebraska

May 29, 1884

ERROR to the district court for Gage county. Tried below before WEAVER, J.

AFFIRMED.

Colby Hazlett & Bates (A. J. Poppleton with them), for plaintiff in error.

W. H Ashby, for defendant in error.

OPINION

COBB CH. J.

This cause was submitted to the court below upon an agreed statement of facts as follows:

"It is agreed that the plaintiff was the owner, at the commencement of this suit, of the lot 12, in block 66, in the city of Beatrice, Gage county, state of Nebraska, and if he is entitled to recover damages under the facts and the law, that his damages are one hundred dollars.

"That the defendant has not occupied or built its line of railroad across or upon the said lot so owned by plaintiff, or taken any of said lot for right of way or otherwise.

"That said defendant has occupied and built its road upon the lot against to plaintiff's lot, and occupied all of said lot up to the corner of plaintiff's lot and in the public street and highway of the city of Beatrice, in front of the plaintiff's lot and upon the half of the street next to said lot.

"That the city of Beatrice was and is a town site, entered under the laws of the United States, and was laid out, platted, entered, and occupied under the acts of congress of the United States in that behalf provided, and the plaintiff's title to said lot is derived by a series of mesne conveyances from the mayor of said city of Beatrice, who entered said town site of which plaintiff's lot is a part, under said laws of congress with the lots, blocks, and streets as they are now platted. That the defendant, by condemnation proceedings, to which the plaintiff was not a party, obtained the right from the city of Beatrice and the owners of the adjacent lots to plaintiff's lot to occupy the said adjacent lots and said street in the manner used and occupied by defendant for the location, construction and operation of its railroad, and that defendant's use and occupation of said adjacent lots and street are proper and necessary in the location, construction, and operation of said railroad.

"That plaintiff's claim for damages against defendant is for the use and occupation by defendant as aforesaid of the lots and street adjacent to the plaintiff's lot, and for damages to his said lot consequent upon the construction and operation of its said road over the lots adjacent and over the half of the street next to said plaintiff's lot."

The cause was tried to the court without the intervention of a jury. There was a...