Marling v. Burlington, Cedar Rapids & Northern R'y Co.
Supreme Court of Iowa
Appeal from, Johnson District Court. This is an action by which the plaintiff seeks to recover damages for an alleged trespass upon certain lands. There was an answer and an amendment thereto in the nature of a cross petition in equity. A trial was had to the court, and a decree was entered for the defendant. Plaintiff appeals.
1Opinion of the CourtRothrook, J.
The plaintiff by his petition claims that in October, 1879, the defendant •wrongfully, unlawfully, and without permission of plaintiff, entered upon and took possession of a strip of land 100 feet wide running through plaintiff’s farm, and constructed a railroad track upon the same, and is now operating a railroad thereon, and he demands a judgment for $1,200 for said wrongful trespass and injury. The defendant by its answer admits that it is in possession of the land, but claims that such possession is rightful, for the ■ reason that in the year 1867 a corporation known as the Iowa Northern…
2Cited by7 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Eller v. NewellSupreme Court of Iowa · 1913
- Dille v. LongwellSupreme Court of Iowa · 1914
- Allen v. JonesSupreme Court of Oklahoma · 1941
- Thul v. WeilandSupreme Court of Iowa · 1931
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