Legal Opinion

Sullens v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided June 9, 1888PublishedCited by 41 opinions

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

  1. Livingston v. McDonaldSupreme Court of Iowa · 1866
  2. Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
  3. Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
  4. Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
  5. 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

  1. City Council v. LombardSupreme Court of Georgia · 1897
  2. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  3. Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
  4. Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
  5. O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891

36 more not listed; retrieve them via the Exa API.

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