Boggs v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from Monroe Circuit Court. The plaintiff owns one hundred and sixty acres of cultivated lands, situated on both sides of the Chicago, Burlington & Quincy Eailroad. On the 11th day of September, 1879, he commenced this action, asking a writ of manclarrms, commanding the defendant to provide an open crossing across the railroad track. The cause was tried to the court, and relief was granted as prayed. The defendant appeals. The material facts are stated in the opinion.
1Opinion of the CourtDay, J.
*436i.railroads: striiiot crossdamú™ . *435The facts of the case are substantially as follows: For thirty years past the plaintiff has owned the west half of *436the land in question. The ¡Burlington and Missouri Rivei Railroad was constructed over this land in 1866, and it is now operated by the Chicago, Burlington & Quincy Railroad Company. The plaintiff then had a house, barn, stable, crib and some other buildings on the north forty of the eighty, about the center north and south, and twenty rods east of the west line, and north of the railroad. In 1870 the Central Railroad of Iowa was constructed…
2Cases cited1 opinion
- Gray v. Burlington & M. R. R.Supreme Court of Iowa · 1873
3Cited by12 opinions
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Peters v. Burlington Northern RailroadSupreme Court of Iowa · 1992
- State v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1892
- State v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
- Truesdale v. JensenSupreme Court of Iowa · 1894
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