122 Iowa 437 | Iowa | 1904
The evidence tends to show that plaintiff is tbe owner of a farm described as tbe east half of the northeast quarter and the east half of the southeast quarter of section 26, township 84, range 27, in Boone county, Iowa. For some years prior to the institution of these proceedings a right of way crossing this land near the south line of the north forty-acre tract of land had been owned and occupied by the Northwestern Bailway Company. The appellant company’s right of way enters this north forty at the northeast corner, running southwesterly to the Northwestern’s right of way; thence parallel to the latter to the western line of plaintiff’s land. In instituting its condemnation proceedings the appellant company did not describe the entire farm, but only that part lying north of -the Northwestern right of way. The sheriff’s jury, in its award of damages, described that forty-acre tract alone. Upon the trial of the appeal it was shown, without objection and without dispute, that while the Northwestern Bailway, in one sense, divided the farm into separate tracts, both were in fact used as one farm; the northern tract being utilized as a pasture in connection with the occupancy and use of the entire premises.
In submitting the case to the jury, the trial court charged that plaintiff’s right of recovery was not restricted to the single forty-acre tract crossed by the railway, but she was entitled
The judgment of the district court is aveerMed.