Chicago Great Western Railway Co. v. City of Mason City
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. — Hon. O. H. Kelley, Judge. In a proceeding instituted by the defendant to condemn a right of way for the extension of Sixth street in that city across the depot grounds of the plaintiff, there was an award of damages by the commissioners, and the plaintiff brought the case into the lower court by an appeal.
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Appeal from Cerro Gordo District Court. — Hon. O. H. Kelley, Judge. In a proceeding instituted by the defendant to condemn a right of way for the extension of Sixth street in that city across the depot grounds of the plaintiff, there was an award of damages by the commissioners, and the plaintiff brought the case into the lower court by an appeal. By agreement of parties the question was submitted to the lower court whether under an agreed statement of facts the defendant was entitled to have a condemnation; the determination of the damages' being postponed until the right to condemn was thus…
1Opinion of the CourtMcClain, C. J.
The facts on which the finding of the court that as a matter of law defendant had a right to condemn a right of way for a street across plaintiff’s depot grounds was predicated may be sufficiently understood for present purposes from the following brief statement: Plaintiff’s line of railway extends north and south through the western portion of the defendant city; the territory west of its right of way consisting at present of land heretofore devoted to agricultural purposes but now marked off into lots, blocks, and streets. The owner is now proceeding to do such work as is necessary in…
2Cases cited15 opinions
- St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883
- Minneapolis & St. Louis Railroad v. Village of HartlandSupreme Court of Minnesota · 1901
- Town of Cherokee v. S. C. & I. F. Town Lot & Land Co.Supreme Court of Iowa · 1879
- Fohl v. Common Council of Village of Sleepy Eye LakeSupreme Court of Minnesota · 1900
- Barrett v. KempSupreme Court of Iowa · 1894
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3Cited by5 opinions
- Porter v. Board of SupervisorsSupreme Court of Iowa · 1947
- Mook v. Sioux CitySupreme Court of Iowa · 1953
- Chicago, M. & St. P. Ry. Co. v. Incorporated Town of Lost NationDistrict Court, S.D. Iowa · 1916
- Town of Alvord v. Great Northern Railway Co.Supreme Court of Iowa · 1917
- Village of Ashley v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1917