Merchants' Union Barb Wire Co. v. Chicago, Burlington & Quincy R'y Co.
Supreme Court of Iowa
Appeal from Pollc Circuit Court. ActioN to recover damages for inj uries sustained by reason of the construction by defendant of side tracks of its railroad upon portions of a street whereon plaintiff’s lots abut, upon which its manufactory is situated. A demurrer to the answer of defendant was sustained, and from this judgment it appeals.
1Opinion of the CourtBboe, J.
I. The defendant’s answer shows that it has constructed and used two side tracks on the south side of Vine street, in the city of Des Moines, in front of plaintiff’s premises. The most southerly was constructed in 1870; the other, since May 14, 1874. It is further shown that in 1866 the right was granted to defendant by the city to construct and maintain its railroad track and side tracks upon Vine street, but requiring that, upon the part of the street whereon plaintiff’s lots abut, the defendant shall build its track on the north side. The answer alleges that the more southerly of the two…
2Cases cited3 opinions
- First Municipality v. CuttingSupreme Court of Louisiana · 1849
- City of Quincy v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1879
- Mulholland v. D. M., A. & W. R.Supreme Court of Iowa · 1883
3Cited by21 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Atchison Board of Education v. De KaySupreme Court of the United States · 1893
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- State Ex Inf. McKittrick v. KirbySupreme Court of Missouri · 1942
- Miller v. City of OelweinSupreme Court of Iowa · 1912
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