Gill v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. F. Prouty, Judge. Action to recover possession of land occupied by the defendant’s railroad track. The plaintiff originally conveyed the right of way over her land to the defendant’s grantors “for all uses and purposes connected with the construction and use of a railroad.”
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Appeal from Polk District Court. — Hon. S. F. Prouty, Judge. Action to recover possession of land occupied by the defendant’s railroad track. The plaintiff originally conveyed the right of way over her land to the defendant’s grantors “for all uses and purposes connected with the construction and use of a railroad.” The deed contained the following condition: “provided, however, * * * that if the said H. M. & M. R. R. Co., or its assigns, shall at any time hereafter cease permanently to nse said road so to be constructed, and the same shall be abandoned, or the route thereof changed so as not…
1Opinion of the Court
Sherwin, J. —
1 The track in question is a part of a switch extending some two miles from defendant’s main line running into the city of Des Moines, south, through the eastern part of the city. When the track- was originally laid, coal mines were in operation at the south end thereof, and it was used almost exclusively, if not entirely so, for the shipment of coal from those mines. The mines were soon thereafter exhausted and abandoned, and, as there were no other industries in that vicinity using the road for shipping or other purposes, its use was limited, according to the defendant’s…
2Cases cited9 opinions
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Mead v. BallardSupreme Court of the United States · 1869
- Morbey v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Indianapolis, Peru & Chicago R. W. Co. v. HoodIndiana Supreme Court · 1879
- Hickox v. Chicago & Canada Southern Railway Co.Michigan Supreme Court · 1889
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3Cited by3 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Zobrist v. CulpCourt of Appeals of Washington · 1977
- Spencer v. Wabash RailroadSupreme Court of Iowa · 1906