Truesdale v. Jensen
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. J. L. Stevens, Judge. Action in equity to enjoin the defendant .'from leaving open the' gates of a private railway crossing. The defendant asks that he be furnished with an open crossing. From the decree rendered after a hearing on the merits, both parties appeal, the appeal of plaintiff being first perfected.
1Opinion of the CourtRobinson, J.
The plaintiff is the receiver of the Minneapolis & St. Louis Railway Company, and the defendant is the owner of a farm containing about three hundred and forty-eight acres, through which the railway of that company is constructed. The general-course of the railway across the farm is from the southwest to the northeast. The house, barn, and barn*313yards of the farm are located a short distance east of the railway, while west of it, is the larger part of the farm, including nearly all of it which is cultivated. The railway right of way is fenced, and the portions of the farm separated by it are…
2Cases cited2 opinions
- Gray v. Burlington & M. R. R.Supreme Court of Iowa · 1873
- Boggs v. C., B. & Q. R.Supreme Court of Iowa · 1880
3Cited by9 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- D. C. Burns Realty & Trust Co. v. MackSupreme Court of Colorado · 1969
- Klopp v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Iowa · 1909
- Livingston v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Hartshorn v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1907
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