Gear v. C. C. & D. R.
Supreme Court of Iowa
Appeal from Jaclcson Circuit Coxurt. This is an ad quod damnum proceeding. Au appeal from the assessment of the sheriff’s jury was taken to the Circuit Court. Upon the trial in that court, there was a verdict and judgment for plaintiffs for twenty-six hundred and fifty dollars and costs. The defendant appeals to this court.
1Opinion of the CourtCole, J.
I. The plaintiffs are the owners of about five hundred and thirty acres of land, bordering on the Mississippi river nearly tliree-fourths of a mile, and extending both above *24and below the mouth of the Tete des Morts creek. Near the mouth of the creek is a stone warehouse, situated on the land of and owned by the plaintiffs; and about three-fourths of a mile from the mouth of the creek is a mill site owned by plaintiffs, and at which there was formerly a mill. The bluffs are near the river bank, below the mouth of the creek, and border so closely upon the creek itself as that the plaintiffs,…
2Cases cited2 opinions
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- Onstott v. MurraySupreme Court of Iowa · 1867
3Cited by5 opinions
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Cummins v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
- Snouffer v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1902
- Kinsinger v. HunterSupreme Court of Iowa · 1923
- Kennedy v. PortlandOregon Supreme Court · 1919