Kelley v. Briggs
Supreme Court of Iowa
Appeal from, Hardin Circuit Court. The plaintiff and the defendant own adjoining stone quarries on the Iowa river. The defendant formerly owned all the land comprising both quarries, and in 1866 sold and conveyed that now owned by the plaintiff, to one Thomas. Thomas conveyed to one Mitchell, and he to the plaintiff. It appears that there is a bluff of stone some twenty-five feet high near the river, which is the face, or front of both quarries.
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Appeal from, Hardin Circuit Court. The plaintiff and the defendant own adjoining stone quarries on the Iowa river. The defendant formerly owned all the land comprising both quarries, and in 1866 sold and conveyed that now owned by the plaintiff, to one Thomas. Thomas conveyed to one Mitchell, and he to the plaintiff. It appears that there is a bluff of stone some twenty-five feet high near the river, which is the face, or front of both quarries. The valuable stone, suitable for quarrying lies low down in this ledge. The line of the plaintiff’s land according to the description in the deed…
1Opinion of the CourtRothrook, J.
1. INJUCTION : dissolution of: discretion of court. It is true there is a public highway along the north boundary of plaintiff’s land. The land is bounded on the south by a line near the edge of the river, b ’ an(^ the face of the quarry is on or near the river, ippg ppjff jg some twenty-five feet high, and if the plaintiff be denied the right to use the wagon way in dispute, he would be required to raise the stone from the quarry to the bank above it. It appears that if this should be required the quarry would be practically worthless. We are required to determine whether, under the facts in…
2Cases cited3 opinions
- Shricker v. FieldSupreme Court of Iowa · 1859
- Stewart v. Johnston & Co.Supreme Court of Iowa · 1876
- Dent v. SummerlinSupreme Court of Georgia · 1852
3Cited by1 opinion
- Bankers Surety Co. v. LinderSupreme Court of Iowa · 1912