Chicago, Iowa & Dakota R'y Co. v. Estes
Supreme Court of Iowa
Appeal fnom Hardvn Circuit Ccnwt. This action was bi’ought by the Chicago, Iowa & Dakota Railway Company, appellant, for an. injunction to restrain the defendants from interfering with the plaintiff’s alleged right of way, and also to restrain them from prosecuting proceedings for the assessment of damages under the statute. The court dismissed the plaintiff’s petition, and rendered judgment in favor of the defendants for costs. The plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
1. Agency: facts not amounting to: contract for right of way. The defendant, Sarah M. Estes, was the owner of certain land adjacent to the town of Iowa Falls, through which the plaintiff desired to construct its road. Other land owners in the neighborhood, mostly citizens of Iowa Falls, felt disposed to donate to the company a right of way through their lands. Some of them felt anxious that the defendant, Mrs. Estes, should donate a right of way through her land. Two of the citizens, acting for' themselves, and claiming to act as a comlnittee of others, visited Mrs. Estes to…
2Cases cited1 opinion
- Townsend v. WisnerSupreme Court of Iowa · 1883
3Cited by10 opinions
- Streeter v. GleasonSupreme Court of Iowa · 1903
- Todhunter v. De GraffSupreme Court of Iowa · 1914
- Bottineau Land & Loan Co. v. HintzeSupreme Court of Iowa · 1910
- McConnell v. AveySupreme Court of Iowa · 1902
- Ricard v. RicardSupreme Court of Iowa · 1909
5 more not listed; retrieve them via the Exa API.