Richards v. Des Moines Valley Railroad
Supreme Court of Iowa
■Appeal from, Wapello District Court. The following facts compose this case: The defendants located their road across a tract of land owned by the plaintiff, had a jury’s inquest of the damages, which were assessed at $100, which was paid by the company. The plaintiff appealed to the District Court, where a judgment of $4:00 was rendered against the company in favor of the plaintiff, for the right of way over said land, at the May Term, 1862, in the county of Wapello.
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■Appeal from, Wapello District Court. The following facts compose this case: The defendants located their road across a tract of land owned by the plaintiff, had a jury’s inquest of the damages, which were assessed at $100, which was paid by the company. The plaintiff appealed to the District Court, where a judgment of $4:00 was rendered against the company in favor of the plaintiff, for the right of way over said land, at the May Term, 1862, in the county of Wapello. Upon this judgment the defendants have paid $69.95, and no more, neglecting and refusing to pay the balance due thereon,…
1Opinion of the CourtLowe, J.
*2612. Railroads: injunction. *260Although this case is somewhat different in its facts and form of proceeding, yet it involves the same *261principle or question adjudicated and settled in the case of
Henry v. The Dubuque & Pacific Railroad Company, 10 Iowa, 540; Boston & Lowell Railroad Corporation v. Salem & Lowell Railroad Company and others, 2 Gray, 1; Horton v. Hoyt et al., 11 Iowa, 496. Upon the authority of these cases, and the reasoning therein contained, the decree below in this case will be
Affirmed.
2Cases cited2 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
- Horton v. HoytSupreme Court of Iowa · 1861
3Cited by18 opinions
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Mark S. Rasmuson and Brenda S. Rasmuson, Husband and Wife v. United StatesUnited States Court of Federal Claims · 2013
- Evans v. Missouri, Iowa & Nebraska Railway Co.Supreme Court of Missouri · 1877
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