Cadle v. Muscatine Western Railroad
Supreme Court of Iowa
Appeal from Muscatine Circuit Court. The plaintiff claims of the City of Muscatine and the Muscatine Westeim1 Railway Company $6,000 damages, and alleges as the ground of such claim, that plaintiff was the owner of certain lots fronting on Water street in said city, and that in the month of May, 1872, the defendant, the City of Muscatine, carelessly, negligently and unnecessarily granted to the Muscatine Western Railway Company authority to construct a railway along said…
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Appeal from Muscatine Circuit Court. The plaintiff claims of the City of Muscatine and the Muscatine Westeim1 Railway Company $6,000 damages, and alleges as the ground of such claim, that plaintiff was the owner of certain lots fronting on Water street in said city, and that in the month of May, 1872, the defendant, the City of Muscatine, carelessly, negligently and unnecessarily granted to the Muscatine Western Railway Company authority to construct a railway along said street, and that the said company negligently and unnecessarily constructed their road so near to plaintiff’s premises as…
1Opinion of the CourtDay, J.
*13a. damages: stree°tsds' *12I. Upon the trial the court permitted the plaintiff, against the objection of the defendant, as a basis for the *13computation of damages, to prove the value of his property, immediately before and immediately after the location of the road in front of it. Defendants objected to this testimony as not furnishing the proper mode of estimating the damages. It was competent for the City of Muscatine to grant to the railroad company authority to construct its road over the street in controversy; and for a proper exercise of such authority the defendant would not be liable,…
2Cases cited2 opinions
- Cook v. City of BurlingtonSupreme Court of Iowa · 1870
- Slatten v. Des Moines Valley R. R.Supreme Court of Iowa · 1870
3Cited by9 opinions
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- McQuaid v. Portland & Vancouver Railway Co.Oregon Supreme Court · 1889
- Mordhurst v. Ft. Wayne & Southwestern Traction Co.Indiana Supreme Court · 1904
- Frith v. City of DubuqueSupreme Court of Iowa · 1877
- McClintock v. Richlands Brick Corp.Supreme Court of Virginia · 1928
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