Ellsworth v. Chickasaw County
Supreme Court of Iowa
Appeal from OMekasaw District Court. This is a proceeding wherein plaintiff claimed damages,, accruing to the estate of which she is administratrix, on account of the vacation,- by the action of the county, of a public road upon which land of the estate abuts. There was a judgment for defendant, from which plaintiff appeals.
1Opinion of the CourtBeck, J.
This case involves the same principles of law recognized by us in Brady v. Shinkle, post. It differs therefrom in facts only in the circumstances- that the land of the *572estate, of wliicb plaintiff is administratrix, lies adjacent to the vacated road. This does not create in plaintiff a right to the continuance of the road different from that possessed by other persons whose lands do not touch it. Neither does it remove the .highway beyond the control of the county authorities without payment of damages to plaintiff. Plaintiff’s interests are affected not differently by the vacation of the road…
2Cited by6 opinions
- State v. City of ElizabethSupreme Court of New Jersey · 1892
- McKinney v. BakerSupreme Court of Iowa · 1896
- Stubenrauch v. NeyeneschSupreme Court of Iowa · 1880
- Grove v. AllenSupreme Court of Iowa · 1894
- Magdefrau v. Washington CountySupreme Court of Iowa · 1940
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