Legal Opinion

McCoy v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Iowa

Decided January 13, 1916PublishedCited by 9 opinions

Appeal from Monroe District Court. — C. W. Vermilion, Judge. Action in equity to enjoin the defendant from depriving the plaintiff of the use of a certain pond or reservoir of water for' the use of his live stock. There was a decree, as prayed, and defendant appeals.

1Opinion of the CourtWeaver, J.

The plaintiff owns a farm of 185 acres in Monroe County. .The defendant’s line of railway runs substantially east and west, along or near the south line of plaintiff’s farm. In the year 1886, plaintiff’s grantors, then owning the above mentioned farm, conveyed to the railroad company an irregular tract of 4.14 acres, carved out of said farm on the south side thereof. The use for which said tract, was purchased is not mentioned in the conveyance, but it is admitted to have been for the purpose of constructing and maintaining thereon a pond or reservoir in which to store water for the use of…

2Cases cited11 opinions

  1. Karmuller v. KrotzSupreme Court of Iowa · 1865
  2. Roush v. RoushIndiana Supreme Court · 1900
  3. Inhabitants of Winthrop v. FairbanksSupreme Judicial Court of Maine · 1856
  4. Lidgerding v. ZignegoSupreme Court of Minnesota · 1899
  5. Stone v. StoneSupreme Court of Iowa · 1909

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

3Cited by9 opinions

  1. Wiggins v. Lykes Bros., Inc.Supreme Court of Florida · 1957
  2. Pioneer Sand & Gravel Co. v. Seattle Construction & Dry Dock Co.Washington Supreme Court · 1918
  3. Stuart v. LarrabeeCourt of Appeals of Texas · 1929
  4. Sullivan Granite Company v. VuonoSupreme Court of Rhode Island · 1927
  5. Lynn v. TurpinTennessee Supreme Court · 1948

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

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