Legal Opinion

Watkins v. Iowa Central Railway Co.

Supreme Court of Iowa

Decided March 21, 1904PublishedCited by 23 opinions

Appeal from Monroe District Court. — Hon. C. W. Vermil.lion, Judge. This is a proceeding to condemn a right of way, formerly owned by the Central Railroad of Iowa, over the northwest quarter of the northwest quarter of the southeast quarter of section 22 in a township in Monroe county, Iowa.

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Appeal from Monroe District Court. — Hon. C. W. Vermil.lion, Judge. This is a proceeding to condemn a right of way, formerly owned by the Central Railroad of Iowa, over the northwest quarter of the northwest quarter of the southeast quarter of section 22 in a township in Monroe county, Iowa. It is averred in a paper filed by the Iowa Central Company that the owner of the said ten acres and the railway company could not agree upon the compensation to be paid therefor, and a sheriff’s jury wap asked to assess the damages. Thereupon a jury was appointed, which viewed the premises and reported as…

1Opinion of the CourtDeemer, C. J.

This long statement of the issues and proceedings seems necessary to an understanding of the exact points presented. Defendant complains of the ruling made March 29th on the plaintiff’s demurrer to the defendant’s answer and amendment thereto, and of the ruling striking its substituted answer and amendments thereto, pursuant to plaintiff’s motion filed August 22, 1902. Plaintiff says that, by pleading over after the ruling on the demurrer, defendant waived any error in that ruling, and that the only question is the correctness of the ruling on the motion to strike, while the defendant…

2Cases cited37 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. Cowell v. Springs Co.Supreme Court of the United States · 1879
  3. Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
  4. Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
  5. Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GeiselIndiana Supreme Court · 1889

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3Cited by23 opinions

  1. Blessing v. WeldingSupreme Court of Iowa · 1939
  2. Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916
  3. Mark S. Rasmuson and Brenda S. Rasmuson, Husband and Wife v. United StatesUnited States Court of Federal Claims · 2013
  4. Jacobs v. MillerSupreme Court of Iowa · 1961
  5. Lemon v. Los Angeles Terminal Railway Co.California Court of Appeal · 1940

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

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