Sherwood v. Greater Mammoth Vein Coal Co.
Supreme Court of Iowa
Appeal from, Marion District Court. — J. H. Applegate, Judge. Action in equity, asking for an injunction restraining defendants and intervener railway company from entering upon the premises of the plaintiff and constructing a railway track for a coal switch or road across plaintiff’s premises, and from operating the railway by carrying coal over said right of way and road from other lands.
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Appeal from, Marion District Court. — J. H. Applegate, Judge. Action in equity, asking for an injunction restraining defendants and intervener railway company from entering upon the premises of the plaintiff and constructing a railway track for a coal switch or road across plaintiff’s premises, and from operating the railway by carrying coal over said right of way and road from other lands. The trial court found for defendants and interveners, and dismissed plaintiff’s petition, but rendered judgment for the costs against the defendants and interveners. The plaintiff appeals from the finding…
1Opinion of the Court
Preston, J., TiTTn,r.c! „„„ oí'easement0056 — The case turns largely upon the interpretation of certain provisions in a deed, under which plaintiff, defendants, and interveners claim. Under the deed, plaintiff claims that defendants and interveners do not have the right 1° construct and operate the road across his land, for the purpose of hauling coal *367from other lands, while defendants and interveners claim that they do have such right. The allegations of plaintiff’s petition, as to the ownership and that defendants arid interveners were constructing and proposed to operate the road across…
2Cases cited11 opinions
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
- Courtright v. DeedsSupreme Court of Iowa · 1873
- Dunham v. DunhamSupreme Court of Iowa · 1920
- Franklin v. TwogoodSupreme Court of Iowa · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hearth Corporation v. CBR Development Co., Inc.Supreme Court of Iowa · 1973
- Carmichael v. RiceNew Mexico Supreme Court · 1945
- Fjelland v. WemhoffSupreme Court of Iowa · 1977
- Paul v. BlakelySupreme Court of Iowa · 1952
- Steckel v. SelixSupreme Court of Iowa · 1924
4 more not listed; retrieve them via the Exa API.