117 Iowa 296 | Iowa | 1902
The defendant made application to the sheriff of Sac county for the appointment of commissioners to assess the damages to the Northwest \ of the Northwest i of section 26, township 89, in said county, by reason of the appropriation of a right of way through said land. Notice of the application was given to plaintiff, Hoyt, and to one Rowlee, his tenant, and commissioners were appointed pursuant to the application, who met, and awarded plaintiff the sum of $300, and the tenant, Row-lee, $25. Both plaintiff and Rowlee appealed from the award to the district cpurt, where a trial was had with the result above stated. The case as to Rowlee does not seém to have been presented to the district court, and the plaintiff did not serve notice upon Rowlee of the appeal to this court. On the trial in the district court plaintiff asked
EXHIBIT “A.”
Map showing location, of 0., M. &St. P. R’y through the west half of northwest quarter of section 26, township 39 north, range 36 west.
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Plaintiff’s house and other improvements stood on the southwest corner of the 80-acre tract. Highways run along the west side and the north end of this tract, and the Southwest i of the Southeast ¿ of 22 is 80 rods west of the highway which runs along the west side of the 80, and the highway on the north of the 80-acre tract runs westward along the south side of the 40. • From the plat and this deT scription it will be seen that plaintiff is not compelled to cross the railway track in going from one piece of land to
There being no error in the record of which plaintiff may justly complain, the judgment is akkirmed.