Stange v. Hill & West Dubuque Street Railway Co.
Supreme Court of Iowa
Appeal from Dubuque Oireuit Oowt. Action to, recover possession of a certain street in tlie city of Dubuque, and for damages alleged to have been sustained by the wrongful use of tbe street. The plaintiffs are the owners of a certain lot in the city of Dubuque, fronting upon what was formerly called Eighth street, but now Julien avenue. Hpon this lot are two brick and one frame house.
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Appeal from Dubuque Oireuit Oowt. Action to, recover possession of a certain street in tlie city of Dubuque, and for damages alleged to have been sustained by the wrongful use of tbe street. The plaintiffs are the owners of a certain lot in the city of Dubuque, fronting upon what was formerly called Eighth street, but now Julien avenue. Hpon this lot are two brick and one frame house. In 1877, the city council of the city of Dubuque passed an ordinance authorizing the defendant, a corporation incorporated under the name of Hill & West Dubuque Street Railway Company, to construct and maintain…
1Opinion of the CourtSeevees, J.
i. municipal pubi?c!tlon t0
The lot in question is lot 49 in Coriell’s addition, and is apart of out-lot 702. Julien avenue runs along the north side of the out-lot. Lot 49 is in the northeast corner of the out-lot. So both the out-lot and lot 49 front Julien avenue. The out-lot and Julian avenue were laid out by commissioners of the United States under an act of Congress. The public acquired only an easement in the street, the fee to the centre of the street being appurtenant to the lots adjacent. City of Dubuque v. Maloney, 9 Iowa, 450. The appellant insists that after the subdivision of the…
2Cases cited2 opinions
- City of Dubuque v. MaloneySupreme Court of Iowa · 1859
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
3Cited by4 opinions
- Ephraim Creek C. & C. Co. v. BraggWest Virginia Supreme Court · 1914
- Snouffer v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1902
- Stange v. City of DubuqueSupreme Court of Iowa · 1883
- Tomlin v. Cedar Rapids & Iowa City Railway & Light Co.Supreme Court of Iowa · 1909