Raridan v. Central Iowa R'y Co.
Supreme Court of Iowa
Appeal from Jasper Oireuit Cowl. On tlie first of November, 1882, the defendant took possession of and began to operate a railroad which had been previously constructed through plaintiff’s farm. Said farm was divided by -a public highway, and the land on each side of the highway was fenced.
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Appeal from Jasper Oireuit Cowl. On tlie first of November, 1882, the defendant took possession of and began to operate a railroad which had been previously constructed through plaintiff’s farm. Said farm was divided by -a public highway, and the land on each side of the highway was fenced. The railway was constructed through both inclosures, but cattle-guards were not constructed either at the outside lines of the farm, or at the lines between the inclosures and the highway, until about one year after defendant commenced to operate the road. Plaintiff brought this action to recover damages…
1Opinion of the CourtReed, J.
i. pbaoijccb point once reviewed. I. After verdict defendant moved the court to arrest judgment thereon on the grounds that no cause of action was stated in the petition, and that the damages sought to be recovered were remote and speculative. Reiore answering, it assailed the petition.by demurrer on the same grounds. On an appeal from the order of the circuit court sustaining the demurrer, this court held that a cause of action was stated -in *529the petition, and that its allegations afforded substantial grounds for the assessment of damages for the wrong complained of. See Raridan v. Central…
2Cases cited2 opinions
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
- Raridon v. Central Iowa Railway Co.Supreme Court of Iowa · 1885
3Cited by18 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Shipley v. ReasonerSupreme Court of Iowa · 1893
- The People v. LamotheIllinois Supreme Court · 1928
- Teter v. MooreWest Virginia Supreme Court · 1917
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