Hall v. Wabash Railway Co.
Supreme Court of Iowa
Appeal from Monroe District Gourt. — Hon. Frank W. Eiciielbergjcr, Judge. On August 8, 1902, plaintiff served' notice on the sheriff, advising him that defendant had located a railroad from Albia to Moulton, and that “the said Wabash Railroad Company having refused to make compensation to John W. Hall, owner of the Northeast %, section 29, and Southwest % of the Northwest %, section 28, township 71, range 17, in Monroe County, Iowa, upon and over which said railway is…
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Appeal from Monroe District Gourt. — Hon. Frank W. Eiciielbergjcr, Judge. On August 8, 1902, plaintiff served' notice on the sheriff, advising him that defendant had located a railroad from Albia to Moulton, and that “the said Wabash Railroad Company having refused to make compensation to John W. Hall, owner of the Northeast %, section 29, and Southwest % of the Northwest %, section 28, township 71, range 17, in Monroe County, Iowa, upon and over which said railway is located, and the owner of the said real estate and the said Wabash Railroad Company being unable to agree upon the…
1Opinion of the Court
Ladd, J. —
The plaintiff was owner of the N. E. *4 of section 29, and the S. W. % N. W. % of section 28. The track of the defendant extended over this land as indicated in the plat:
1. Eminent domain: condemnation oright of way: notice. • As was determined by this court on a former appeal (133 Iowa, 114:) because of an exception of the right of way in the deed of the forty acres under which plaintiff claimed, he is not entitled to damages therefor, but his right to damages for the taking-the right of way over the one hundred and • o ^ «7 ^ sixty acres is ruled by Remey v. Railway, 116 Iowa, 133,…
2Cases cited10 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Remey v. Iowa Central Railway Co.Supreme Court of Iowa · 1902
- Lough v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
- Cummins v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
- Chicago R. I. & P. R. R. v. HurstSupreme Court of Iowa · 1870
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3Cited by1 opinion
- Wilkes v. Iowa State Highway CommissionSupreme Court of Iowa · 1969