Raridon v. Central Iowa Railway Co.
Supreme Court of Iowa
Appeal from, Jasper Circuit Court. This is an action at law, by which the plaintiff seeks to recover damages of the defendant for its failure to put in cattle-guards where the railroad of defendant enters and leaves the fenced and improved lands of the plaintiff. There was a demurrer to the petition, which was sustained, and the plaintiff appeals.
1Opinion of the CourtRothrock, J.
The petition and the amendment thereto set forth, in substance, that the defendant’s railroad was lawfully constructed over and across plaintiff’s farm, and that by the construction of the road the plaintiff’s inclosed and fenced fields were thrown open, and that defendant neglected and refused for the period of about one year to place cattle-guards at the proper places, and that by reason of said failure and neglect the plaintiff’s fields were thrown open to the public; that plaintiff had on his farm 103 acres of heavy grass, of the value of $2.50 per acre, and 30 acres of corn-stalks, of…
2Cases cited3 opinions
- Smith v. Chicago, Clinton & Dubuque R. R.Supreme Court of Iowa · 1874
- Donald v. St. Louis, K. C. & N. Railway Co.Supreme Court of Iowa · 1876
- Downing v. C., R. I. & P. R.Supreme Court of Iowa · 1876
3Cited by3 opinions
- Raridan v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Moody v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1889
- Stevenson v. Atlantic & Northern Railway Co.Supreme Court of Iowa · 1919