64 Neb. 62 | Neb. | 1902
In 1892 the defendant in error began proceedings in the county court for Lancaster county for the acquisition, in the usual manner, of a right of way for railroad purposes over and upon certain lots in the city of Lincoln, a part of which were owned by the plaintiffs in error, and a part by one Westerfieíd.' Commissioners appointed for the purpose assessed the total damages to these lots at $1,600, and this amount of money was thereupon deposited by the company with the county judge. . Upon an appeal to the district court this award was for some reason set aside, and afterwards, under a new commission issuing from the county court, damages were assessed at $950. . The property owners and the company then agreed to refrain from the further pfosecution of the proceedings, and in consideration thereof it was stipulated that the compensation to be paid to the former should be $1,200, or, as the pleadings phrase it, the award should be increased to that sum, one-half thereof to be paid to Westerfieíd and the other half to the plaintiffs in error. The money deposited by the company at the time of the first appraisement was permitted by it to be retained by the county judge and was directed by it to be applied, so far as requisite, to the satisfaction of such claims for damages as should finally be established in the behalf of the property owners. Soon
There is evidence in the record that the county judge with whom the deposit was made fathed to account for the money or to pay it over to his successor in office, and, continuing in default, had departed from the state; but we
It is recommended that the judgment of the district court be reversed and a new trial granted.
By the Court: For reasons stated in the foregoing opin ion, it is ordered that the judgment of the district court be reversed, and a new trial granted.
Reversed- and remanded.