Corbin v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Palo Alto Circuit Court. Action in equity. The relief asked is that the corporation defendant be enjoined from condemning, under the statute, a right of way over certain real estate owned by the plaintiffs for railway purposes. A temporary injunction was granted, which, on the filing of the answer, was dissolved, and the plaintiffs appeal.
1Opinion of the CourtSeevbrs, J.
The facts are that the plaintiffs are the owners of certain real estate in the town of Emmetsburg, and the corporation defendant, desiring to procure the right of way over the same, in September, 1881, caused the damages or value of such right of way to be assessed by a sheriff’s jury, from which the plaintiffs appealed to the circuit court, and afterwards the defendant also appealed. Afterwards, in December, 1881, the defendant dismissed its appeal, and withdrew from the hands of the sheriff the amount assessed as damages by the sheriff’s jury, and abandoned whatever right it had obtained.…
2Cited by5 opinions
- City of Bristol v. Bristol Water Co.Supreme Court of Connecticut · 1912
- Ala. Midland Railway Co. v. NewtonSupreme Court of Alabama · 1891
- Robertson v. HartenbowerSupreme Court of Iowa · 1903
- Ford v. Board of Park CommissionersSupreme Court of Iowa · 1910
- City of Miami Beach v. Cummings, Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1971