Klopp v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — IIon. Milo P. Smith, Judge. Action of mandamus wherein plaintiff, an owner of property on either side of defendant’s line of railway seeks to compel defendant to construct an underground crossing on its roadbed for use in connection with plaintiff’s premises; and for judgment for. $500 damages for failure to maintain an adequate crossing from August 1, 1906, down to the date of the institution of the action.
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Appeal from Linn District Court. — IIon. Milo P. Smith, Judge. Action of mandamus wherein plaintiff, an owner of property on either side of defendant’s line of railway seeks to compel defendant to construct an underground crossing on its roadbed for use in connection with plaintiff’s premises; and for judgment for. $500 damages for failure to maintain an adequate crossing from August 1, 1906, down to the date of the institution of the action. Over defendant’s protest and exceptions the case was tried to a jury, resulting in a verdict for plaintiff, and a finding that he was entitled to' an…
1Opinion of the CourtDeemer, J.
The petition filed by plaintiff was denominated a petition at law, but was really an action of mandamus to require the defendant to construct an underground crossing, connecting his lands on either side of the defendant’s right of way, and asking a judgment for damages. In due season defendant filed an answer to this petition. Thereafter the defendant was given leave to *468withdraw its answer, and to file a motion to transfer the cause to the equity side of the docket. This motion was overruled by the court on the 12th day of November, 1910; the defendant preserving its exception. Thereupon the…
2Cases cited9 opinions
- In re the Insanity of BreseeSupreme Court of Iowa · 1891
- Porter v. ButterfieldSupreme Court of Iowa · 1902
- Green v. SmithSupreme Court of Iowa · 1900
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
- Boggs v. C., B. & Q. R.Supreme Court of Iowa · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- First National Bank in Sioux City v. CurranSupreme Court of Iowa · 1973
- Pace v. MasonSupreme Court of Iowa · 1928
- Penn Mutual Life Insurance Co. of Philadelphia v. DoyenSupreme Court of Iowa · 1930
- Iowa Automobile & Supply Co. v. ManbeckSupreme Court of Iowa · 1917
- First National Bank in Sioux City v. CurranSupreme Court of Iowa · 1973
1 more not listed; retrieve them via the Exa API.