Mulholland v. D. M., A. & W. R.
Supreme Court of Iowa
Appeal from Dallas Circuit' Court. The petitions, in substance, state tliat the plaintiffs are owners of certain real estate in the town of Adel, which abuts on Ferry Street in said town, and that defendants have constructed a railroad along said street, since the first day of September, 1873, and are operating the same, without having obtained the consent of the plaintiffs, and without having their damages assessed as provided by law.
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Appeal from Dallas Circuit' Court. The petitions, in substance, state tliat the plaintiffs are owners of certain real estate in the town of Adel, which abuts on Ferry Street in said town, and that defendants have constructed a railroad along said street, since the first day of September, 1873, and are operating the same, without having obtained the consent of the plaintiffs, and without having their damages assessed as provided by law. To recover such damages is the object of this action. The defendants filed answers to which demurrers were sustained and the defendants appeal.
1Opinion of the Court
Seevers, Ch. J.
The answers to which demurrers were sustained are quite lengthy. The facts, we think, upon which *742the questions discussed by counsel must be determined, may be briefly and sufficiently stated. ■
The fee or title to the streets in the town of Adel is in the public. In 1871, the Des Moines Western K. P. Co., a corporation duly organized for the purpose of constructing a railroad, located its road along Ferry street in the town of Adel. In 1872, the town council, by ordinance duly passed, granted said company the right to so locate and construct its road. In the same year the…
2Cases cited4 opinions
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- Chicago, Newton & Southwestern Railroad v. Mayor of NewtonSupreme Court of Iowa · 1873
- Merritt v. GroverSupreme Court of Iowa · 1881
3Cited by11 opinions
- Merchants' Union Barb Wire Co. v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
- Taylor v. Bay City Street Railway Co.Michigan Supreme Court · 1894
- Pratt v. Des Moines Northwestern R'y Co.Supreme Court of Iowa · 1887
- Fowler v. Des Moines & Kansas City Railway Co.Supreme Court of Iowa · 1894
- Morgan v. Des Moines & St. Louis Railway Co.Supreme Court of Iowa · 1884
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