Herrstrom v. Newton & Northwestern Railroad
Supreme Court of Iowa
Appeal from Boone District Court. — - Hon. J. H. Richard, Judge. Action to compel the construction of an overhead crossing at a point designated by the owner of land on each side of defendant’s railroad. Judgment as prayed, from which defendant appeals.—
1Opinion of the CourtLadd, J.
I. This is an action in mandamus to compel the defendant to construct a private crossing over its track. The plaintiff., owns the north seventeen and one-half acres of the S. E. % S-. W. %, Hie N. E. yA S, W. %, and the S. E. % N. W. Y¿\. of section 18. The defendant’s railroad enters the southeast corner and passes through the seventeen and one-half-acre tract in a northwesterly direction, crossing the north line a little west of its center, and then through the ‘ southwest portion of the lower forty. There was a public highway along the east side of the land on 'the south, and in January,…
2Cases cited3 opinions
- Morbey v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- State v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1892
- Guinn v. Iowa & St. Louis R.Supreme Court of Iowa · 1904
3Cited by8 opinions
- Klopp v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Iowa · 1909
- Dobson v. John Clemens & Co.Supreme Court of Iowa · 1922
- Exchange National Bank v. McCafferySupreme Court of Iowa · 1916
- Hartshorn v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1907
- Mattice v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
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