Park v. C. & S. W. R.
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Action at law. The petition alleges that the plaintiff is the owner of a certain lot in the town of Eldon upon which he erected valuable buildings for a dwelling and business purposes, which, since their construction, have been occupied by him as a homestead and a store house for the sale of general merchandise and the transaction of other business.
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Appeal from Wapello Circuit Court. Action at law. The petition alleges that the plaintiff is the owner of a certain lot in the town of Eldon upon which he erected valuable buildings for a dwelling and business purposes, which, since their construction, have been occupied by him as a homestead and a store house for the sale of general merchandise and the transaction of other business. Since the erection and occupancy of the buildings, the defendants constructed the railroad owned and operated by them across the only highway or street adjacent to plaintiff’s property, making an embankment…
1Opinion of the CourtBeck, J.
The objection, based upon alleged errors appearing in the record, will not be considered in the order we find them discussed in the arguments of counsel. In our opinion they naturally present themselves to the mind in a different order, in which they may be more conveniently and satisfactorily discussed.
i nuisance private^recovery for. I. The plaintiff introduced evidence tending to support the allegations of the petition, and thereupon the court ■ instructed the jury in the following language: “ ^ ^ defendants were guilty of maintaining a nuisance by obstructing the public highway as…
2Cases cited3 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Ewell v. GreenwoodSupreme Court of Iowa · 1868
- Prosser v. City of OttumwaSupreme Court of Iowa · 1876
3Cited by32 opinions
- Nebraska Innkeepers, Inc. v. Pittsburgh-Des Moines Corp.Supreme Court of Iowa · 1984
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Comminge & Geisler v. StevensonTexas Supreme Court · 1890
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
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