Jones v. Mahaska County Coal Co.
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. In September, 1874, the Mahaska County Coal Company made an application in writing to the sheriff of Mahaska county, for the appointment of a sheriff’s jury to assess the damages which J. G. Jones and Watkin R. Price would' sustain by reason of the appropriation of their land by said company.
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Appeal from Mahaska Circuit Court. In September, 1874, the Mahaska County Coal Company made an application in writing to the sheriff of Mahaska county, for the appointment of a sheriff’s jury to assess the damages which J. G. Jones and Watkin R. Price would' sustain by reason of the appropriation of their land by said company. It was stated in said application that the company had made a demand upon each of said parties for the right of way for the railroad of said company, to be constructed to its coal bank across the northwest quarter of section twenty-seven, in township seventy-five, range…
1Opinion of the Court
Day, Ch. J.
i damagesal quod damnum. I. Section one, chapter 3é, laws of the Fifteenth General Assembly, is as follows: “That any person, co-partnership, joint stock association, or corpora-^0T1’ owning, leasing, or possessing any lands having thereon or thereunder any coal, stone, lead, or other mineral, may have established over the land of another a public way from any stone quarry, coal, lead, or other mine, to any railway or highway, not exceeding (except by the consent of the owner of the land to be taken) fifty feet in width. "When said road shall be- constructed it shall, when passing…
2Cited by7 opinions
- Phillips v. WatsonSupreme Court of Iowa · 1884
- Wormely v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1903
- Strange Bros. Hide Co. v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Noble v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1883
- Morrison v. Thistle Coal Co.Supreme Court of Iowa · 1903
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