Dairy v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Mahaska District Court. — IIon. John T. Scott, Judge. Plaintive, the owner of a lot in the city of Oskaloosa, upon which she resides, brings this action to recover damages for injury done her property by reason of the construction and maintenance of defendant’s railway along and across certain streets in said city. There was a directed verdict and from the judgment rendered thereon against plaintiff for costs she appeals.-
1Opinion of the CourtWaterman, J.
Kossuth or P street in the city of Oskaloosa runs north and south, and crosses Third avenue at right angles. Defendant’s railway is laid upon Kossuth street. The track is placed upon a considerable embankment, the height of which across Third avenue is 9 or 10 feet. Plaintiff’s property is in the angle formed by the two streets. Her lot fronts on Third avenue, and is 60 feet east of Kossuth street. The cause of action set up here is for the obstruction of Third avenue, and because surface water has been turned by the railway embankment back upon plaintiff’s property. She claims that no…
2Cases cited15 opinions
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
- Kucheman v. C., C. & D. R'y Co.Supreme Court of Iowa · 1877
- Barrett v. KempSupreme Court of Iowa · 1894
- Gates v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
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3Cited by10 opinions
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- Sandstrom v. Oregon-washington Ry. & Nav. Co.Oregon Supreme Court · 1915
- Young v. RothrockSupreme Court of Iowa · 1903
- Harrington v. Iowa Central Railway Co.Supreme Court of Iowa · 1905
- Bennett v. NationsNew Mexico Supreme Court · 1945
5 more not listed; retrieve them via the Exa API.