Milburn v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Court. 1. That a rail road corporation has no right to use a public street or highway, to build their rail road on, unless expressly authorized to do so by the legislature; and when so authorized the highway is so far vacated as may be necessary for the purposes of the railway. 2. That the building and operating of a railroad in a public street without legislative authority creates a nuisance. 3. That although such nuisance is indictable, this does…
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Appeal from Linn District Court. 1. That a rail road corporation has no right to use a public street or highway, to build their rail road on, unless expressly authorized to do so by the legislature; and when so authorized the highway is so far vacated as may be necessary for the purposes of the railway. 2. That the building and operating of a railroad in a public street without legislative authority creates a nuisance. 3. That although such nuisance is indictable, this does not preclude private persons who are especially injured by it from proceeding against it, and any person who is…
1Opinion of the CourtLowe, C. J.
This is an appeal from an order of the District Court refusing an allowance of an injunction to restrain the respondents from constructing a railroad along and upon Jefferson street, in the city of Cedar Rapids.
The application was based upon the following alleged facts; that the complainants are legal owners and tax payers, and some of them residents on lots fronting on said street; that said lots aro situated in Carpenter’s additions to the city of Cedar Rapids, surveyed, platted, acknowledged and recorded in the years 1854 and 1855, as the law requires. Among others, Jefferson street is…
2Cases cited5 opinions
- Haight v. City of KeokukSupreme Court of Iowa · 1856
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Chapman v. Albany & Schenectady RailroadNew York Supreme Court · 1851
- Hamilton v. New-York & Harlem Rail RoadNew York Court of Chancery · 1841
- Corbin v. TurrillIllinois Supreme Court · 1858
3Cited by47 opinions
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Fencl v. City of Harpers FerrySupreme Court of Iowa · 2000
- City of Des Moines v. HallSupreme Court of Iowa · 1868
- Stanley v. City of DavenportSupreme Court of Iowa · 1880
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