Klopp v. Chicago, Milwaukee & St. Paul Ry. Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. This is a condemnation proceeding for a right pf way for the defendant railway company. There was a trial to a jury, and an assessment in favor of plaintiffs of $1,835. Defendant appeals.
1Opinion of the CourtEvans, C. J.
Plaintiffs’ premises consist of a tract of land of thirty or thirty-five acres, located about one mile from the city of Marion. Many years ago the defendant railroad company laid its right of way, one hundred feet in width, through this tract, and has used the same for railroad purposes down to the present time. This proceeding involves an. additional condemnation. For the purpose of straightening its track the defendant company instituted a proceeding to condemn an additional strip of land contiguous to the north side of the original right of way, and extending through the plaintiffs’ tract…
2Cases cited3 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Truesdale v. JensenSupreme Court of Iowa · 1894
- Herrstrom v. Newton & Northwestern RailroadSupreme Court of Iowa · 1905
3Cited by10 opinions
- Little v. Loup River Public Power DistrictNebraska Supreme Court · 1949
- De Penning v. Iowa Power & Light Co.Supreme Court of Iowa · 1948
- Randell v. Iowa State Highway CommissionSupreme Court of Iowa · 1932
- Gregory v. Kirkman Consolidated Independent School DistrictSupreme Court of Iowa · 1922
- Henderson v. Iowa State Highway CommissionSupreme Court of Iowa · 1967
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