Railroad Reports Volume 15

Railroad Reports Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...for its failure to do so. That the damage in such case is not deemed incapable of reasonably accurate estimation is shown by the following decisions: Varner 21. Railway Co., 55 Iowa. 677, 8 N. W. 634; Winne 21. Kelley, 34 Iowa, 339; Hull:2. Railway Co., 65 Iowa, 713, 20 Am. & Eng. R. Cas. 341, 22 N. W. 940; Fraley v. Bentley, 1 Dak. 25, 46 N. VV. 506. In the Iowa cases cited, it was held that the damage resulting from the promise of a railroad company to build fences, as part of the consideration for a right of way deed, was the increased rental value of the grantor's adjacent lands which would have resulted had the fences been 'built according to the agreement. In the Dakota case the defendant had orally promised, as part consideration for a piece of land bought of the plaintiff, to erect thereon "a good sawmill." He failed to keep his agreement, and, in an action brought against him for damages, it was held that the measure of plaintiff's recov-ery was a sum equal to the value which would have been added to his adjacent lands by the erection of the mill for which he had contracted. Had the defendant company acquired the right of way through a condemnation proceeding, instead of by purchase, the appraisers or a jury in case of appeal to the district court would be required, in determining whether there should be an award of incidental damages, to inquire into and ascertain the money value of the special and peculiar benefits which would accrue to the plaintiffs' adjacent lands. The ascertainment of general benefits is not necessarily more difficult.. It follows from these considerations that the judgment of the district court is right, but, as the plaintiffs are entitled to some relief if the defendant...show more

Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236815130
  • 9781236815132