Slatten v. Des Moines Valley R. R.
Supreme Court of Iowa
General Term,, Fifth District {Folic County). Thursday, July 21. Action to recover damages of defendant, resulting to plaintiff in consequence of an embankment made by defendant in front of plaintiff’s property in Market street, in Des Moines, whereon defendant’s road was constructed.
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General Term,, Fifth District {Folic County). Thursday, July 21. Action to recover damages of defendant, resulting to plaintiff in consequence of an embankment made by defendant in front of plaintiff’s property in Market street, in Des Moines, whereon defendant’s road was constructed. The plaintiff in his petition avers ownership in fee of certain lots fronting on Market street, in Des Moines, whereon she had built, suited to the grade of said street, a large hotel, with stone foundation and basement and two stories of brick above, together with other buildings and improvements ; that,…
1Opinion of the Court
Cole, Ch. J.
1. municipal CORPORATIONS Í railroad: right of way over streets. I. The first question, in order, which arises upon the demurrer to the answer, is as to the proper construction of the city ordinance, set , , . " out at length m the preceding statement. ° . ~ I he first section grants the right of way to the defendant for its railroad over and along Market street, but provides that the company shall build its road on the grade of the city, or such grade as may be agreed upon. ■ Without more, this would limit the company to the grade fixed by the city, unless the defendant should…
2Cases cited13 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Haynes v. ThomasIndiana Supreme Court · 1855
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Watson v. Mississippi River Power Co.Supreme Court of Iowa · 1916
- Gandy v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1870
22 more not listed; retrieve them via the Exa API.