Houghton v. C., D. & M. R.
Supreme Court of Iowa
Appeal from Allamakee Circuit Court. The plaintiff avers in his petition that the defendant has entered upon, and constructed its railroad across his land, and claims to recover for damages thereby sustained. The defendant admits the building of its railroad across the land in question but denies that the plaintiff is the owner of it. It avers that the land in question is below ordinary high water mark upon the Mississippi river.
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Appeal from Allamakee Circuit Court. The plaintiff avers in his petition that the defendant has entered upon, and constructed its railroad across his land, and claims to recover for damages thereby sustained. The defendant admits the building of its railroad across the land in question but denies that the plaintiff is the owner of it. It avers that the land in question is below ordinary high water mark upon the Mississippi river. "Whether it is so, or not, is the question in this case. There was a trial by jury, and verdict substantially for the defendant, the plaintiff being allowed for a…
1Opinion of the CourtAdams, J.
It was held in Tomlin v. The Dubuque, Bellevue & Mississippi R. R. Co., 32 Iowa, 106, that a riparian i. riparian proprietor upon the Mississippi river owns the fee ¡an owner.81 of the soil only to ordinary high water mark. In that case, it appearing that the defendant’s road had been built below ordinary high water mark, it was held that the plaintiff’, a proprietor upon the river, could not recover for the land so occupied. In this case the correctness of that decision is not questioned, but the fact is questioned as. to the land in controversy being below high water mark. ■ The land is…
2Cases cited2 opinions
- Tomlin v. Dubuque, Bellevue & Miss. R. R.Supreme Court of Iowa · 1871
- Slusser, Taylor & Co. v. City of BurlingtonSupreme Court of Iowa · 1876
3Cited by24 opinions
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Stewart v. . TurneyNew York Court of Appeals · 1923
- Carpenter v. Board of County Com'rsSupreme Court of Minnesota · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1890
- Payne v. HallSupreme Court of Iowa · 1921
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