Sullens v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Jasper District Court. — IIon. J. K. Johnson, Judge. Action to recover damages alleged to have been caused by the improper obstruction of -a stream which flows through the land of plaintiff and across the right of way of defendant. The cause was tried to a jury, and verdict and judgment rendered for plaintiff. The defendant appeals.
1Opinion of the CourtRobinson, J.
The defendant owns and operates a railway which crosses a stream of water in Jasper county, known as “Rock Creek.” At the point of crossing, the stream is from twenty-five to thirty feet in width, and is bordered on the east by a strip of land lower than the level of the railway track, and on the west by low ground, which extends back from the creek a distance of from a quarter to half a mile. The land and stream form a valley bounded on the west by highlands. Prior to 1875, defendant’s railway crossed the creek and lowlands by means of a wooden bridge and trestle-work. During that year a…
2Cases cited13 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- City Council v. LombardSupreme Court of Georgia · 1897
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
36 more not listed; retrieve them via the Exa API.