Fleming v. Chicago, D. & M. R. R.
Supreme Court of Iowa
Appeal from Clayton Circuit Court. This was a proceeding under chapter 55, of tbe Eevision of 1860, for tbe assessment -of damages caused by tbe defendant taking two lots in tbe town of North McGregor for tbe right of way of its railroad. Both parties appealed from tbe verdict of tbe sheriff’s jury. Tbe cause was tried on appeal in the circuit court to a jury, wbo rendered a verdict for plaintiff for $10,000 damages. Defendant appeals to this court.
1Opinion of the CourtMiller, J.
The evidence and the plat of a part of tbe town of North McGregor, shows that tbe line or way *354of defendant’s road crosses the track of the Milwaukee and St. Paul Railway on First street, in said town, between blocks 80 and 31, and runs upon said street north to block 18, where it laps over and occupies lots 1 and 40, in said block. The plaintiffs, in 1867 and 1868, became the owners of blocks 18, 19, 20, 21, 30 and 31, in said town. They are lumber manufacturers. ¥m. Fleming testifies that they occupy six lots in block 31, all of block 20, all of block 19, except lot 1, all of block 18 except…
2Cases cited2 opinions
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- Sater v. Burlington & Mount Pleasant Plank Road Co.Supreme Court of Iowa · 1855
3Cited by14 opinions
- Louisiana Ry. & Nav. Co. v. Xavier Realty, Ltd.Supreme Court of Louisiana · 1905
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
- Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942
- Hunt v. Iowa Central Railway Co.Supreme Court of Iowa · 1892
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