Gates v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Hon. J. J. Net, Judge. Action under section 464 of the Code to recover damages to abutting lots caused by the construction of the defendant’s railroad. The defendant’s demurrer to the petition being sustained, and the plaintiff electing to stand upon his petition, judgment was entered dismissing the same, from which the plaintiff appeals.
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Appeal from Black Hawk District Court. — Hon. J. J. Net, Judge. Action under section 464 of the Code to recover damages to abutting lots caused by the construction of the defendant’s railroad. The defendant’s demurrer to the petition being sustained, and the plaintiff electing to stand upon his petition, judgment was entered dismissing the same, from which the plaintiff appeals. Some part of the railroad must be in the street opposite the abutting owner’s property to afford him any relief under section 464 of the Code. Morgan v. Railroad, 64 Iowa, 589. Some part of the track or embankment or…
1Opinion of the CourtGiveN, J.
The petition shows that plaintiff is the owner of two lots on the corner of Sixth and Franklin streets in the city of Waterloo, upon which lots are two dwelling-houses; that the defendant located and constructed its railroad diagonally across Franklin street at an angle of ninety-seven degrees, and that in constructing the same an embankment was made about five feet above the established grade of Franklin street. That in constructing a crossing over said embankment, for the travel on Franklin street, the defendant filled in along said street in front of the plaintiff’s property for a distance…
2Cases cited2 opinions
- Morgan v. Des Moines & St. Louis Railway Co.Supreme Court of Iowa · 1884
- Enos v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1889
3Cited by15 opinions
- Attorney General ex rel. Brotherton v. Common CouncilMichigan Supreme Court · 1907
- City of Durham v. Durham Public Service Co.Supreme Court of North Carolina · 1921
- Dairy v. Iowa Central Railway Co.Supreme Court of Iowa · 1900
- White v. Chicago G. W. R.Court of Appeals for the Eighth Circuit · 1917
- New York Central Railroad v. VerpleatseIndiana Court of Appeals · 1945
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