Stough v. Chicago & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Kossuth Circuit Court-. These causes involve tbe same questions, and are submitted upon tbe same abstract and argument. They are special proceedings by which the plaintiffs seek, by a sheriff’s jury, to ascertain the damages to which they claim they are entitled by reason of the construction of a railroad upon certain streets in the city of Algona, upon which streets the plaintiffs own abutting real estate.
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Appeal from Kossuth Circuit Court-. These causes involve tbe same questions, and are submitted upon tbe same abstract and argument. They are special proceedings by which the plaintiffs seek, by a sheriff’s jury, to ascertain the damages to which they claim they are entitled by reason of the construction of a railroad upon certain streets in the city of Algona, upon which streets the plaintiffs own abutting real estate. The damages were assessed by the sheriff.’s jury, and the railroad company appealed from the assessment to the circuit court. The defendant filed a motion to set aside and…
1Opinion of the Court
.Rothrock, J.
1. Railroads on Streets: dama&es to lot-owners: appraisement by sheriff’s jury. I. It is provided by section 464 of the Code that cities and towns shall have power “ to authorize or forbid the location and laying down of tracks for railways and street railways on all streets, alleys and public places, but no railway track can thus be located and laid down until after the injury to jaroperty abutting on the street, alley or public places upon which such railway track is proposed to be located-and laid down has been ascertained and compensated in the manner provided for taking…
2Cases cited3 opinions
- Mulholland v. D. M., A. & W. R.Supreme Court of Iowa · 1883
- Wilson v. Des Moines, Osceola & Southern R'y Co.Supreme Court of Iowa · 1885
- Spray & Barnes v. ThompsonSupreme Court of Iowa · 1859
3Cited by7 opinions
- Lowery v. State Life InsuranceIndiana Supreme Court · 1899
- Bourjaily v. Johnson CountySupreme Court of Iowa · 1969
- Reter v. Davenport, Rock Island & North Western Railway Co.Supreme Court of Iowa · 1952
- Fowler v. Des Moines & Kansas City Railway Co.Supreme Court of Iowa · 1894
- In Re Estate of PalmieriCalifornia Court of Appeal · 1932
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