Legal Opinion

B., C. R. & N. R. Co. v. Verry

Supreme Court of Iowa

Decided June 6, 1878PublishedCited by 7 opinions

Appeal from Benton District Con/rt. The averments of the petition in this action, so far as necessary to an understanding of the questions involved, are-in substance as follows: The plaintiff, a railway corporation, was organized in June, 1876, and owns and operates a railroad from Burlington, Iowa, northwardly through Benton county, to the Iowa State line.

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Appeal from Benton District Con/rt. The averments of the petition in this action, so far as necessary to an understanding of the questions involved, are-in substance as follows: The plaintiff, a railway corporation, was organized in June, 1876, and owns and operates a railroad from Burlington, Iowa, northwardly through Benton county, to the Iowa State line. Prior and subsequent to May, 1869, the Burlington, Cedar Rapids & Minnesota Railway Company constructed, owned and operated, as an entirety, said line of railroad, and continued to own and operate the same until May, 1875. In May, 1869,…

1Opinion of the Court

Rothrock, Ch. J.

1. railroad injuries: Ren. I. Section 9 of the act of the General Assembly of this State, passed April 8,-1862, was in these words: “Any judgment recovered against any railroad company in this State, for any injury to persons or property, shall be a lien, within the county where recovered, on the road, and real or other property of such company, and shall be prior and superior to the lien of any mortgage or trust deed which maj be hereafter executed, except liens for taxes. ”

This section was slightly modified and incorporated in the Code of 1873, as follows: .“A judgment…

2Cited by7 opinions

  1. Wilmington & Weldon Railroad v. BurnettSupreme Court of North Carolina · 1898
  2. Charles City Plow & Manf'g Co. v. Jones & Co.Supreme Court of Iowa · 1887
  3. White v. K. & D. M. R.Supreme Court of Iowa · 1879
  4. Brockert v. Iowa Central Railway Co.Supreme Court of Iowa · 1894
  5. Gulf, M. & N. R. Co. v. Hill Mfg. Co.Mississippi Supreme Court · 1921

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