Bibber-White Co. v. White River Valley Electric R.

Citations

• 131 F. 995
• 1904 U.S. App. LEXIS 4972

Syllabus

<p>1. Eminent Domain — Taking or Land Without Payment — Acquiescence of Owner.</p> <p>Where a landowner expressly consents or clearly acquiesces in the taking of right of way over his land for a railroad without payment, his right to hold the land is gone and he has only a personal claim against the company for the debt.</p> <p>2. Same.</p> <p>The absence of any agreement between a landowner and a railroad company as to the price to be paid for right of way, or the manner of determining the same, negatives a claim that the company was to be given credit, and the owner’s right to the land can only be extinguished by appraisal and payment.</p>