Tomlin v. Dubuque, Bellevue & Miss. R. R.
Supreme Court of Iowa
Appeal from, Dubuque Gweuit Cou/rt. The plaintiff appealed to the Dubuque circuit court from an assessment by commissioners of damages, at $150, for the taking right of way for railroad purposes by defendant over certain described property.
Read the full summary
Appeal from, Dubuque Gweuit Cou/rt. The plaintiff appealed to the Dubuque circuit court from an assessment by commissioners of damages, at $150, for the taking right of way for railroad purposes by defendant over certain described property. Upon the trial plaintiff testified that he owned the premises in question, embracing about 1,200 acres, extending along the shore of the Mississippi river about ten miles, and from a mile to a mile and a half back from the river, and that they are principally woodlands, small patches only having been cleared. That on his land, along the bank of the river…
1Opinion of the Court
Day, Ch. J.
l. BiPABiAt? Sssrpxfi’riverl I. In the case of McManus v. Carmichael, 3 Iowa, 1, this court, after great research, extending to a review of all the cages both in the State and Federal courts, in a well-considered opinion, announced as the law of this State, that the Mississippi river is a legally navigable stream, and that the common-law consequences of navigability attach to such legal navigability.
This doctrine was followed in the subsequent case of Haight v. Keokuk, 4 Iowa, 199.
One of the common-law consequences of navigability, as fully shown by McManus v. Carmichael, is that…
2Cases cited2 opinions
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Haight v. City of KeokukSupreme Court of Iowa · 1856
3Cited by26 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- Bowlby v. ShivelyOregon Supreme Court · 1892
- Wood v. FowlerSupreme Court of Kansas · 1882
21 more not listed; retrieve them via the Exa API.