Smith v. Chicago, Clinton & Dubuque R. R.
Supreme Court of Iowa
Appeal from (Jltnton Gvreuit Gou/rt. The petition alleges that the plaintiff is the owner of the north-east quarter of, and the east half of, the north-west quarter of Sec. 31, Tp. 83, Eange 7, east of the 5th principal meridian; containing in all 240 acres; that said land is and was prior to November 1st, 1872, improved and fenced land; that about 130 acres on the north side are and have been pasture land, used as such for the cattle of plaintiff, and of others who hired…
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Appeal from (Jltnton Gvreuit Gou/rt. The petition alleges that the plaintiff is the owner of the north-east quarter of, and the east half of, the north-west quarter of Sec. 31, Tp. 83, Eange 7, east of the 5th principal meridian; containing in all 240 acres; that said land is and was prior to November 1st, 1872, improved and fenced land; that about 130 acres on the north side are and have been pasture land, used as such for the cattle of plaintiff, and of others who hired pasturage therein; that a good, substantial fence divided said pasture land from the balance of the farm which was…
1Opinion of the Court
Miller, Oh. J.
i bailroads • cattle guards. — The first question presented by the record and discussed by appellant is, whether 'the defendant was required by the law to put in a cattle guard where r0ad passes through plaintiff’s fence, dividing his cultivated from his pasture lands, the whole being inclosed by outside fences.
• Section 3, of Chapter 169, of the Laws of 1862, being an act entitled “ An act in relation to the duties of railroad companies,” provides that, “where any railroad runs through any improved or fenced land, said railroad company shall make proper cattle guards on such…
2Cases cited3 opinions
- Chicago & Rock Island Rail Road v. WardIllinois Supreme Court · 1855
- Simpson v. City of KeokukSupreme Court of Iowa · 1872
- Armstrong v. SmithNew York Supreme Court · 1865
3Cited by20 opinions
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Meeker v. GardellaWashington Supreme Court · 1890
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- Hopper v. Elkhorn Valley Drainage DistrictNebraska Supreme Court · 1922
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