Chicago, Rock Island & Pacific Railway Co. v. City of Ottumwa
Supreme Court of Iowa
Appeal from Wapello District Court. — How. M. A. Roberts, J udge. Suit in equity to restrain the collection of a special asT sessraent made by the city against the right of way of the Keokuk.& Dos Moines Railway for paving and curbing a street on which the right of way abuts. Plaintiff is using the right of way under lease from the Keokuk & Des Moines.
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Appeal from Wapello District Court. — How. M. A. Roberts, J udge. Suit in equity to restrain the collection of a special asT sessraent made by the city against the right of way of the Keokuk.& Dos Moines Railway for paving and curbing a street on which the right of way abuts. Plaintiff is using the right of way under lease from the Keokuk & Des Moines. Railway Company, and the latter company was made a party defendant after a demurrer was sustained to the petition grounded on the proposition that it was a necessary party. The trial court dismissed the petition, and gave judgment against both…
1Dissent
Waterman,
(dissenting).— -The rule that the owner of the .fee is liable for a special assessment levied against an abutting railway right of -way across his land is so inequitable that I cannot conceive such result to have been intended by the general assembly.- It puts the burden of paying for the improvement on one who has no. beneficial interest in the real ■estate, leaving the present possessor, whose right in the property is practically perpetual, exempt from- any liability therefor. Section 1344, Code 1897, which is but a roenactment of a previous statute, provides: “No real estate used…
Also in this document: Concurring in part, dissenting in part.
2Cases cited25 opinions
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- Davis v. Clinton Water Works Co.Supreme Court of Iowa · 1880
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
- City of New Haven v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1871
- Johnson v. KnappSupreme Court of Iowa · 1873
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