Burlington, Cedar Rapids & Northern Railway Co. v. City of Columbus Junction
Supreme Court of Iowa
Appeal from Louisa District Court. — H on. Ben McCoy, Judge. Action in equity to restrain the defendants from, tearing down auid removing a fence. There was a hearing on 'the merits, and a decree in favor of the defendants. The plaintiff appeals.
1Opinion of the CourtRobinson, J.
The plaintiff owns a right of way for its railway track which extends through a portion of the town of Columbus Junction, from the 'Southern limit of the town, in a northwesterly direction. The right of way appears to have been acquired by condemnation proceedings in the year 1868, and it seems that a public highway was established along the west or southwest side of the right of way, although the evidence in regard to the time of acquiring the right of way and of establishing the highway is not definite. But we do not understand that there is any controversy in regard to those matters. The…
2Cases cited3 opinions
- State v. BirminghamSupreme Court of Iowa · 1888
- Byerly v. City of AnamosaSupreme Court of Iowa · 1890
- Sherman v. HastingsSupreme Court of Iowa · 1890
3Cited by5 opinions
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- City of Marquette v. GaedeSupreme Court of Iowa · 2003
- Wolfe v. KemlerSupreme Court of Iowa · 1940
- City of Cedar Rapids v. YoungSupreme Court of Iowa · 1903
- City of Keokuk v. CosgroveSupreme Court of Iowa · 1902