Harbach v. Des Moines & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Pollc District Court. — Hon. W. F. Conrad, Judge. This action is based upon the following state of facts: In July and August, 1883, the Des Moines, Osceola and Southern Railroad Company, the then owner of the railroad property now owned and operated by the defendant, the Des Moines and Kansas City Railway Company, without the payment of damages to the plaintiff’s abutting property, laid down a railroad track in the street south of the plaintiff’s property, and…
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Appeal from Pollc District Court. — Hon. W. F. Conrad, Judge. This action is based upon the following state of facts: In July and August, 1883, the Des Moines, Osceola and Southern Railroad Company, the then owner of the railroad property now owned and operated by the defendant, the Des Moines and Kansas City Railway Company, without the payment of damages to the plaintiff’s abutting property, laid down a railroad track in the street south of the plaintiff’s property, and another track partly in an alley on the north of the plaintiff’s property, which was a lot and dwelling-house fronting…
1Opinion of the CourtGranger, J.
— In our consideration of the case we will speak of the Des Moines, Osceola and Southern *596Railway Company as the “ Osceola Company,” as it is thus referred to in argument. The Osceola Company laid its track in the street in qixestion without authority, and the plaintiff thereafter, in a proceeding at law, obtained a judgment against such company for fifteen hundred dollars, as the resulting damage, which is unpaid. Before-the commencement of the suit for damages a foreclosure suit was commenced in, the federal court, which resulted in a clecx-ee and sale of the road, under which the defendant…
2Cases cited10 opinions
- Coy v. City Council of Lyons CitySupreme Court of Iowa · 1864
- Merchants' Union Barb Wire Co. v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
- Lamb v. McConkeySupreme Court of Iowa · 1888
- Richards v. Des Moines Valley RailroadSupreme Court of Iowa · 1865
- Conger v. B. & S. W. R.Supreme Court of Iowa · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City Council v. LombardSupreme Court of Georgia · 1897
- Fowler v. Des Moines & Kansas City Railway Co.Supreme Court of Iowa · 1894
- Van Husen v. Omaha Bridge & Terminal Railway Co.Supreme Court of Iowa · 1902
- Snyder v. Fort Madison Street Railway Co.Supreme Court of Iowa · 1898
- Gates v. Colfax Northern Railway Co.Supreme Court of Iowa · 1916
2 more not listed; retrieve them via the Exa API.