Hemphill v. Cedar Rapids & Iowa City Railway & Light Co.
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. R. P. Howell, Judge. Action at law to recover damages for a horse, killed at what plaintiff alleges was a private under-crossing of defendant’s right of way. Trial to a jury; verdict and judgment for plaintiff; and defendant appeals. —
1Opinion of the CourtDeemer, C. J.
— Plaintiff is the owner of a tract of land in Johnson County, Iowa, which is intersected by defendant’s right of way, over which it runs an interurban railway.
He alleges that by an arrangement with defendant’s officials at the time they obtained its right of way over his land, they agreed to give him an under-crossing over the right of way at a point where a bridge was necessary, by reason of the contour of the land, and to take care of the surface water by leaving an opening in the right of way. He also alleged that there was no other place suitable for any kind of a crossing, and that…
2Cases cited2 opinions
- Guinn v. Iowa & St. Louis R.Supreme Court of Iowa · 1904
- Miller v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885