Platt & Speith v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from Polk Circuit Court. The plaintiffs are the owners of certain lots fronting on Water or Front street, in the city of Des Moines, on which is situated a building used by them for business purposes, and claim that they have been injured a.nd have sustained great damages by the wrongful acts of the defendant in constructing an engine-house, turn-table and railroad tracks upon public ground, over which travel from the south reached plaintiffs’ place of business.
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Appeal from Polk Circuit Court. The plaintiffs are the owners of certain lots fronting on Water or Front street, in the city of Des Moines, on which is situated a building used by them for business purposes, and claim that they have been injured a.nd have sustained great damages by the wrongful acts of the defendant in constructing an engine-house, turn-table and railroad tracks upon public ground, over which travel from the south reached plaintiffs’ place of business. Plaintiffs claim that the obstruction is a nuisance, and the relief asked is that the same be abated, and judgment rendered…
1Opinion of the CourtSeevees, C. J.
In 1846, the county commissioners of Polk county duly laid out the town of Fort Des Moines, now the city of D es Moines, and caused to be recorded a plat thereof, upon which there is a parcel of land designated as “public grounds”, and the same was dedicated to the general public. The plat was duly acknowledged and recorded, and the streets and public grounds were declared to be public highways. Such grounds were bounded on the “ north by block 37; west by a line parallel with the east side of block 28 (in said town), extending to the Raccoon river; and east by the Des Moines river.” No…
2Cases cited2 opinions
- Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
3Cited by9 opinions
- Ferguson v. Firmenich Manufacturing Co.Supreme Court of Iowa · 1889
- Bradford v. FultzSupreme Court of Iowa · 1914
- Downing v. City of OskaloosaSupreme Court of Iowa · 1892
- Valentine v. WidmanSupreme Court of Iowa · 1912
- Lyons v. Board of EqualizationSupreme Court of Iowa · 1897
4 more not listed; retrieve them via the Exa API.