Chicago, Milwaukee & St. Paul Railway Co. v. Snyder
Supreme Court of Iowa
Appeal from Lynn District Court. — Hon. W. N. Treichler,, Judge. In 1881 the plaintiff instituted condemnation proceedings for a right of way one hundred feet wide across the land now owned by the defendants, but then owned by their • grantor, one Jones.
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Appeal from Lynn District Court. — Hon. W. N. Treichler,, Judge. In 1881 the plaintiff instituted condemnation proceedings for a right of way one hundred feet wide across the land now owned by the defendants, but then owned by their • grantor, one Jones. Jones appealed from the award of! damages made by the sheriff’s jury, and the case appealed was afterwards transferred to the United States Circuit Court for the Northern District of Iowa, where it was finally settled by stipulation, and a decree entered confirming the proceedings and establishing a right of way to a strip one hundred feet…
1Opinion of the CourtSherwin, J.
There is nothing in the defendants’ counterclaim. If an additional servitude has been imposed on *534defendants’ land, it is clear that they have no right to an i. right of ■ Son! right's • cree. accounting of the rents and profits received by the plaintiff from the telegraph company. The appellants claimed, and introduced testimony tending to support the claim, that when the dam'ages were originally assessed, and when the stipulated decree was rendered in the federal court, the injury to the dooryard was expressly excluded from consideration because of the promise made by the plaintiff’s agent…
2Cases cited1 opinion
- Slocumb v. C., B. & Q. R.Supreme Court of Iowa · 1882
3Cited by7 opinions
- Marks v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1925
- Alexander City U. W. & S. Co. v. Central of Ga. Railway Co.Supreme Court of Alabama · 1913
- Helmick v. Davenport, Rock Island & Northwestern Railway Co.Supreme Court of Iowa · 1916
- Chicago, Milwaukee & St. Paul Railway Co. v. HankenSupreme Court of Iowa · 1908
- Hemmis v. Consolidated Water Power & Paper Co.Wisconsin Supreme Court · 1921
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