Swinney v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Davis District Court. — IIon. Frank W. Eiciielberger, Judge. Action by mandamus to compel the defendant company to construct an undererossing to connect the portions of plaintiff’s premises which are separated by defendant’s right of way. On defendant’s motion the petition of plaintiff was dismissed, and judgment, was rendered for defendant, from which plaintiff appeals.
1Opinion of the CourtMcClain, J.
It is provided by Code, section 2022, that, “when any person owns land on both sides of any railway, the corporation owning the same shall, when requested so to do, make and keep in good repair * * * one causeway or other adequate means of crossing the same, at such reasonable place as may be designated by the owner.” According to the allegations of the petition, plaintiff enjoyed for some time after the construction of the road the benefit *220of an undercrossing between the two portions of his farm where the track was laid upon a trestle over a water course, but prior to the bringing of this…
2Cases cited5 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- State v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1892
- Boggs v. C., B. & Q. R.Supreme Court of Iowa · 1880
- State ex rel. Grady v. Chicago, Madison & Northern RailroadWisconsin Supreme Court · 1891
- Bunker v. RandWisconsin Supreme Court · 1865
3Cited by5 opinions
- Peters v. Burlington Northern RailroadSupreme Court of Iowa · 1992
- Jones v. KnutsonSupreme Court of Iowa · 1931
- Inter-Ocean Reinsurance Co. v. DickeySupreme Court of Iowa · 1936
- Michalek v. Cedar Rapids & Iowa City Railway & Light Co.Supreme Court of Iowa · 1915
- City of Council Bluffs v. Illinois Central RailroadSupreme Court of Iowa · 1912