Wilson v. Des Moines, Osceola & Southern R'y Co.
Supreme Court of Iowa
Appeal from Clarice Circuit Court. The plaintiff is the owner of two lots in the town of Osceola, upon which his dwelling-house and out-buildings are situated. There is a street in front of his lots, and an alley in the rear, which is about twenty feet wide. The defendant constructed its railroad along the alley, and laid down two railroad tracks therein, so that the plaintiff was prevented from having access to his barn by way of the alley.
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Appeal from Clarice Circuit Court. The plaintiff is the owner of two lots in the town of Osceola, upon which his dwelling-house and out-buildings are situated. There is a street in front of his lots, and an alley in the rear, which is about twenty feet wide. The defendant constructed its railroad along the alley, and laid down two railroad tracks therein, so that the plaintiff was prevented from having access to his barn by way of the alley. This action was brought to recover damages for so obstructing the alley. There was a trial by jury, which resulted in a verdict and judgment for the…
1Opinion of the CourtRothrock, J.
1.rail.hoads: aUey?diminSÍ value oiproperfcy: evideuce. I. The plaintiff, in his petition and amended petition, set out at great length the manner in which his property was injured and. he was damaged. In response to a motion filed by the defendant, the court struck out all claims for , ...... damages, excepting the diminution or the rental value of the plaintiff’s property from the time the alley was obstructed by the defendant up to the commencement of the suit. The plaintiff excepted to this ruling, but did not stand upon his exception. The cause was tried to the jury, in accord with the…
2Cases cited4 opinions
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- Daniels v. C., I & N. R.Supreme Court of Iowa · 1875
- Conger v. B. & S. W. R.Supreme Court of Iowa · 1875
- Mulholland v. D. M., A. & W. R.Supreme Court of Iowa · 1883
3Cited by6 opinions
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
- Evans v. Iowa Southern Utilities Co.Supreme Court of Iowa · 1928
- Jacksonville, Tampa & Key West Railway Co. v. LockwoodSupreme Court of Florida · 1894
- Fowler v. Des Moines & Kansas City Railway Co.Supreme Court of Iowa · 1894
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