Sears v. Marshalltown Street R'y Co.
Supreme Court of Iowa
Appeal from Marshall Ci/rouit Court. The city of Marshalltown, by ordinance, granted to the defendant the right to construct and operate a “ horse railway upon and along” certain streets in said city. Under this grant the defendant was about to construct, without changing the established grade, such a railway along a street which ran in front of certain real estate owned by the plaintiff and occupied as his homestead.
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Appeal from Marshall Ci/rouit Court. The city of Marshalltown, by ordinance, granted to the defendant the right to construct and operate a “ horse railway upon and along” certain streets in said city. Under this grant the defendant was about to construct, without changing the established grade, such a railway along a street which ran in front of certain real estate owned by the plaintiff and occupied as his homestead. The plaintiff commenced this action in equity to restrain the construction of the railway, on the ground that the plaintiff’s damages as an abutting lot-owner had not been…
1Opinion of the CourtSeevers, J.
1. cities ana tro™)!streets assembly? It is provided by statute that cities “ shall also have the power to authorize or forbid the location and laying down of tracks for railways and street railway s on all streets, alleys and public places; but no railway track can thus be located and laid down until after the injury to property abutting upon the street, alley or public places upon which such railway track is pro-loosed to be located and laid down has been ascertained and compensated” as provided by law. Code, § 4:64. The grant of power is ample, and the city, under the statute, was fully…
2Cases cited1 opinion
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
3Cited by7 opinions
- Board of Railroad Commissioners v. Market Street Railway Co.California Supreme Court · 1901
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
- McLeod v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1904
- Fidelity Loan & Trust Co. v. DouglasSupreme Court of Iowa · 1898
- Manhattan Trust Co. v. Sioux City Cable Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1895
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