Hohl v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. C. W. Vermilion, Judge. Proceeding in equity for injunction to restrain the removal of sand from a sand bar in the Des Moines river, and to restrain the defendants from using or permitting to be used the right of way of defendant railway company as a wagon road over which to transport sand for shipment on -the railway. From a decree denying relief, the plaintiff appeals.
1Opinion of the CourtWithrow, J.
I. The statement of the case which was included in the written opinion filed by the trial court fairly presents the issues and questions involved, and we adopt it here. The plaintiff is the riparian owner of land on the Des Moines river opposite the town of Eddyville. The track of the defendant railway company crosses plaintiff’s land on a trestle constituting the approach to a bridge by which it crosses the river. A public highway also crosses plaintiff’s land at an angle with the railway, and leads to a wagon bridge over the river, the highway crossing the railroad rigid; of way under the…
2Cases cited25 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- United States v. E. C. Knight Co.Supreme Court of the United States · 1895
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Nebraska v. IowaSupreme Court of the United States · 1892
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3Cited by11 opinions
- Manry v. RobisonTexas Supreme Court · 1932
- Missouri-Kansas-Texas Railroad Company v. FreerMissouri Court of Appeals · 1959
- Solomon v. City of Sioux CitySupreme Court of Iowa · 1952
- Gubser v. TownOregon Supreme Court · 1954
- McSweyn v. Inter-Urban Railway CompanySupreme Court of Iowa · 1964
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