Brady v. Shinkle
Supreme Court of Iowa
Appeal from Jaolcson Circuit Court. UpoN the petition of defendants a certain highway in Jackson county was vacated for the distance of one mile; it was not interfered with further. Plaintiff, at the proper time and in the proper manner, made application to the Supervisors for damages sustained by him on account of the vacation ordered. He is the owner of land situated upon the highway, but not upon the part vacated, which commences about thirty rods from his farm.
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Appeal from Jaolcson Circuit Court. UpoN the petition of defendants a certain highway in Jackson county was vacated for the distance of one mile; it was not interfered with further. Plaintiff, at the proper time and in the proper manner, made application to the Supervisors for damages sustained by him on account of the vacation ordered. He is the owner of land situated upon the highway, but not upon the part vacated, which commences about thirty rods from his farm. Upon the hearing of his application, the Supervisors allowed him damages in the sum of $100; its payment at a certain time being…
1Opinion of the CourtBeck, J.
The question of law presented in this case is a novel one. It is this: Where a road, for a part of its course, is vacated may the owner of land situated on the part not vacated, recover damages sustained by him on account of the vacation?
I. That a land owner may sustain damage according to the common acceptation of the word, on account of the vacation 1. highway: damages for closing.. of a highway, as stated in the question, cannot be , ° -rJ; „ , A ’ . doubted, it is equally true that inconvenience and damage may result- to him ,by closing a road which is miles away from his land. A farmer…
2Cited by17 opinions
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- Long v. WilsonSupreme Court of Iowa · 1903
- Barr v. City of OskaloosaSupreme Court of Iowa · 1876
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