Noll v. Dubuque B. & M. R. R.
Supreme Court of Iowa
Appeal from, Dubuque Cvrcwit Cowrt. This was an appeal to the circuit court from an assessment of damages by commissioners, appointed by the sheriff, under the right of way act, for taking a railroad right of way over the land of the plaintiff. On the trial in the circuit court there was a verdict and judgment for plaintiff for $660, from which defendant appeals. The material facts are stated in the opinion.
1Opinion of the CourtMiller, J.
l. Railroad : aWaudonSit. The record shows that in 1857 the Dubuque and Pacific Railroad Company, in contemplation of constructing a railroad from Dubuque to the mouth of the Tete Des Morts, near the north line of Jackson county, took and condemned, in pursuance of the statute, and paid the plaintiff the sum of $1,250, for the same right of way involved in the present proceeding ; and said railroad company partially constructed their road-bed on said right of way and left the same unfinished, and no work has since been done thereon, but the said line of road remains unfinished. In 1860 the…
2Cases cited6 opinions
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Barlow v. Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1870
- Smiles v. HastingsNew York Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- Smith v. HallSupreme Court of Iowa · 1897
- Reter v. Davenport, Rock Island & North Western Railway Co.Supreme Court of Iowa · 1952
- Golconda Northern Railway v. Gulf Lines Connecting RailroadIllinois Supreme Court · 1914
- Watkins v. Iowa Central Railway Co.Supreme Court of Iowa · 1904
18 more not listed; retrieve them via the Exa API.