Legal Opinion · Dissent

Tomlin v. Cedar Rapids & Iowa City Railway & Light Co.

Supreme Court of Iowa

Decided March 13, 1909Published

Appeal from Johnson District Gourt. — Hon. R. P. 0 Howell, Judge. The opinion states the case. —

1DissentWeaver, J.

I can not agree to any further extension -of the doctrine approved in the case of Marshalltown v. Forney, above cited- — a decision which I regard unsound in principle and out of harmony with a great majority of the established precedents. Under the rule of the majority opinion, a railway company unwilling to treat with property owners and desiring to avoid payment of damages occasioned to abutting property by the appropriation of a street for its right of way has only to persuade a complaisant city council to- vacate the street, and make it a present of such way without cost to any one…

2Cases cited9 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
  3. Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
  4. Stanley v. City of DavenportSupreme Court of Iowa · 1880
  5. Ridgway v. City of OsceolaSupreme Court of Iowa · 1908

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