92 Iowa 191 | Iowa | 1894
I. April 28, 1890, the sheriff of Wood-bury county, at defendant’s instance, appointed commissioners to assess the damages to lot 11 in block 22, Central Sioux City, in the city of Sioux City, Iowa, and owned by the plaintiff, which might be caused by the use and appropriation by the defendant of the street upon which said lot fronted, for an elevated railway. The commissioners reported that plaintiff was not entitled to any damage. From the award thus made, the plain tiff, appealed to the district court; and, after a trial to a jury and a verdict of one thousand, two hundred and ninety-one dollars for plaintiff, the court, on defendant’s motion, dismissed plaintiff’s action, notwithstanding the verdict, and rendered judgment against plaintiff for costs. From this ruling and judgment this appeal is prosecuted.
II. The question presented for our determination is whether, under the circumstances disclosed in the record, the plaintiff, as the owner of property abutting upon Third street, upon which street defendant erected and operated its elevated railway by steam power, is entitled to damages. Our statute empowers cities and incorporated towns “to authorize or forbid the location and laying down of tracks for railways and street railways on all streets, alleys, and public places; but no railway track can thus be located and laid down until after the injury to property abutting upon the street, alley, or public place upon which said railway track is proposed to be located and laid down has been ascertained and compensated in the manner provided for taking private property for works of internal improvement,’’--that is, by ascertaining and paying the damages