Hall v. Wabash Railroad
Supreme Court of Iowa
Appeal from Monroe District Court.— Hon. E. W. Eichelberger, Judge. A condemnation proceeding instituted by the plaintiff to recover damages for the use by the defendant of an abandoned right of way. Trial to a jury, and verdict and judgment for the plaintiff. The defendant appeals.—
1Opinion of the Court
Sherwin, J.—
This is still another one of the series of abandoned right of way eases which have' engaged the attention of this court since Remey v. Iowa Cent. Ry. Co., 116 Iowa, 133, was submitted and decided. The fact questions,- so far as the right of way and its abandonment are concerned, are practically the same as those involved in the preceding cases.
1. Deeds: exceptions; right of way. In this case, however, the right ■ of way extends over the N. E. % °f section 29 and the S. W. % of the N. W. % of section 28, and the conveyances, under which the plaintiff holds are not the same for both…
2Cases cited8 opinions
- Ashcroft v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Marshall v. TrumbullSupreme Court of Connecticut · 1859
- Remey v. Iowa Central Railway Co.Supreme Court of Iowa · 1902
- Wormely v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1903
- Spencer v. Wabash RailroadSupreme Court of Iowa · 1906
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3Cited by11 opinions
- Nelson v. Iowa State Highway CommissionSupreme Court of Iowa · 1962
- Wilson v. FlemingSupreme Court of Iowa · 1948
- Rio Grande Western Railway Co. v. Salt Lake Investment Co.Utah Supreme Court · 1909
- Corning v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1961
- Moakley v. BlogCalifornia Court of Appeal · 1928
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