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…
1Dissent
Beck, ¿T.
(dissenting). — I am constrained to dissent from the reasoning and conclusions of the foregoing opinion. I will content myself with stating briefly my own conclusions, without attempting to state at length the reasons upon which I base them.
A road established in pursuance of chapter 127 of the Laws of 1866, in my opinion, is a public road, and differs, in its use and the right of the public thereto, in no respect from highways recognized by law and denominated, in the opinion of the chief justice, public roads. The public possess the same right to use it as a road established in any…
2Cases cited3 opinions
- Ferris v. BrambleOhio Supreme Court · 1855
- Lippencott v. AllanderSupreme Court of Iowa · 1867
- McCune v. SwaffordSupreme Court of Iowa · 1858