Bankhead v. Brown
Supreme Court of Iowa
Appeal from Jefrersdn District Court'. Constitutional law : eminent domain : private roads' : constitutionality op act op 1866 as to private roads. — Plaintiffs own certain lands in tbe N. W. \ 27, 72, 8, on which there is a coal bank. Defendants own the adjoining S. W. \ of 27 on which (as stated by counsel in argument) there is also a coal bank.
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Appeal from Jefrersdn District Court'. Constitutional law : eminent domain : private roads' : constitutionality op act op 1866 as to private roads. — Plaintiffs own certain lands in tbe N. W. \ 27, 72, 8, on which there is a coal bank. Defendants own the adjoining S. W. \ of 27 on which (as stated by counsel in argument) there is also a coal bank. Across the defendants’ land there is a public road which runs to the railroad switch on the N. W. J of section 34, adjoining the defendants’ land on the south. In October, 1866, the plaintiffs petitioned the board of supervisors, under the act of…
1Opinion of the Court
Dillon, Ch. J.
1. roads: ap- or<íér establishmg. The record presents an interesting question of constitutional law. The appellees make the point that the question cannot be heard or decided by the District Court, on appeal from the action of the board of supervisors. Our opinion is otherwise. "We have held that the' statute allows an appeal from the action of the board of supervisors in establishing roads. And the statute (K,ev. § 267) is broad enough to give to the party taking such an appeal, and whose land is taken for the road, the right to present to the District Court the question…
2Cases cited13 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
8 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- New Central Coal Co. v. George's Creek Coal & Iron Co.Court of Appeals of Maryland · 1873
- Varner v. MartinWest Virginia Supreme Court · 1883
- Arnsperger v. CrawfordCourt of Appeals of Maryland · 1905
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
49 more not listed; retrieve them via the Exa API.