Des Moines City Railway Co. v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — W. EG. McHenry, Judge. The plaintiff’s property .having been assessed for the expense of paving and curbing Ingersoll Avenue in the City of Des Moines, appealed therefrom to the district court, where the assessments were held to be invalid, and set aside. From that decision, the defendant city appeals.
1Opinion of the CourtWeaver, J.
l. municipal raiiroSadeirigit tfng^roperty^" There is very little controversy as to the essential facts involved in this litigation. The plaintiff claims to OAvn and operate a system of street railways in the city of of Des Moines, and to own and occupy a right of way for its road 20 feet wide, extending from TAventy-eighth Street on the ea«t to Forty-second Street on the west, in that city. The nature and extent of the title by which this right of way is held is the subject of much argument by counsel, and will be more particularly considered in the course of this opinion. Originally, the…
2Cases cited44 opinions
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- People Ex Rel. Dunkirk & Fredonia Railroad v. CassityNew York Court of Appeals · 1871
- Laufer v. Bridgeport Traction Co.Supreme Court of Connecticut · 1897
- City of New Haven v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1871
- Montgomery v. Santa Ana Westminster Railway Co.California Supreme Court · 1894
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3Cited by26 opinions
- Eastman v. PiperCalifornia Court of Appeal · 1924
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Rutledge v. City of EurekaCalifornia Supreme Court · 1925
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Hawk v. RiceSupreme Court of Iowa · 1982
21 more not listed; retrieve them via the Exa API.