Crosbie v. Chicago, Iowa & Dakota Railway Co.
Supreme Court of Iowa
Appeal from Hardin Qireuit Court. This is an action to recover of the defendants damages for occupying tlie plaintiffs’ premises by the defendant’s line of railway. The court sustained a demurrer to the plaintiffs’ reply, and rendered judgment for the defendants. The plaintiffs appeal. The facts are stated in the opinion.
1Opinion of the Court
Day, Ch. J.
On the 4th day of October, 1882, the plaintiffs filed their petition in equity, alleging that defendants had commenced constructing their railroad over the plaintiffs’ land, and had not procured a right to enter, nor condemned the right of way, and praying an injunction restraining defendants from constructing their road over plaintiffs’ land. A writ of inj unction was issued, and a motion was made to dissolve it, whereupon it was stipulated that defendants should execute to plaintiffs a bond in the sum of twenty-five hundred dollars, conditioned to pay whatever damages might…
2Cited by1 opinion
- Fernow v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888