Hunter v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from■ Johnson District Court. — Hon. S. H. Fairall, Judge. Action to recover damages for an alleged breach, of an obligation to maintain certain fences and railway-crossings. After all the evidence was submitted in the court below, the jury were instructed to return a verdict for defendant, which was done. Judgment was rendered on the verdict, and plaintiff appeals.
1Opinion of the CourtRobinson, J.
— In the year 1868, the plaintiff executed and delivered to the Cedar Rapids & Burlington Railway Company a deed for the right of way across a farm then and now owned by him. The grantee and another company were subsequently consolidated, under the name of the Burlington, Cedar Rapids & Minnesota Railway Company. This company, by the consolidation, acquired all the rights conveyed by the deed, and built a railroad over the right of way thereby conveyed. It also executed a deed- of trust to secure payment of construction bonds. This deed was foreclosed, and the road sold to defendant, and a…
2Cases cited2 opinions
- Close v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1884
- Swan v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1887
3Cited by5 opinions
- Madison v. Garfield Coal Co.Supreme Court of Iowa · 1901
- Cox v. Baltimore & Ohio Southwestern RailroadIndiana Supreme Court · 1913
- Fleming v. StearnsSupreme Court of Iowa · 1890
- Yount v. CarneySupreme Court of Iowa · 1894
- Hunter v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892