71 Iowa 641 | Iowa | 1887
In the case of Mulholland v. Des Moines, A. & W. R’y Co., 60 Iowa, 740, it was expressly determined that the manner of assessing the damages provided for by section 464 of the Code referred exclusively to the company, and not to the abutting owner. That case was followed in Wilson v. Des Moines, O. & S. R’y Co., 67 Iowa, 509. We cannot regard this as an open question, and must adhere to-the construction of the statute already adopted.
But it is claimed that the jury selected by the sheriff was the same as had previously been selected at the instance of the railroad company, and that, under section 1245 of the Code, they were the legally constituted tribunal to assess all damages to the owners of real estate in the county, and that the railroad company, or any land-owner, may have the damages assessed by the jury thus selected, upon proper notice. This section has reference to land taken and appropriated for fight of way. Under the construction placed upon section 464 of the Oode by the cases above cited, the
Aebtkmed.