Hileman v. Chicago Great Western Railway Co.
Supreme Court of Iowa
Appeal from Blackhawlc District Oourt. — Hon. A. S. Blair,. Judge. 1 The appellant is the successor of the Chicago, St. Paul and Kansas City Kailway Company. In June, 1886, the city of Waterloo granted the last-named company the right of way over Bluff street, in said city, for the purpose of constructing and operating its line of railway therein.
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Appeal from Blackhawlc District Oourt. — Hon. A. S. Blair,. Judge. 1 The appellant is the successor of the Chicago, St. Paul and Kansas City Kailway Company. In June, 1886, the city of Waterloo granted the last-named company the right of way over Bluff street, in said city, for the purpose of constructing and operating its line of railway therein. The plaintiff’s property abuts said street, and her grantor, William Cornell, was the owner thereof at the time the ordinance was passed granting the defendant’s predecessor the right of way therein. On the seventeenth day of December, 1886, Cornell…
1Opinion of the CourtShekwin, J.
*5942 *592The main question before us for determination is the effect to be given the written instrument set out in the statement of the case. The plaintiff, in effect, contends that it is nothing more than a receipt for damages *593paid for the location of a single track in front of the plaintiff’s property. It must be conceded at the threshold of this inquiry that the plaintiff’s grantor, Cornell, originally had an easement in the street in question, which was a property right, and that he could sell and convey or release such right, and deal with it in all respects as he could with any other property…
2Cases cited10 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SmithIllinois Supreme Court · 1884
- Fair v. Manhattan InsuranceMassachusetts Supreme Judicial Court · 1873
- Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Norris v. Vermont Central RailroadSupreme Court of Vermont · 1855
- Roushlange v. Chicago & Atlantic Railway Co.Indiana Supreme Court · 1888
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- Chicago & Northwestern Railway Co. v. Sioux City Stockyards Co.Supreme Court of Iowa · 1916
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