Miller v. Keokuk & Des Moines R'y Co.
Supreme Court of Iowa
Appeal from Lee District Court. In 1875, one Adam-Hine owned certain land dessnbed in the petition. On the twenty-eighth day of April, 1875, a right of way for railroad purposes, one hundred feet wide, was condemned through said land by the defendant, the Keokuk & Des Moines Pailway Company, and the said company paid therefor $725. During the same year, the Keokuk & Des Moines Pailway Company constructed its road over said land.
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Appeal from Lee District Court. In 1875, one Adam-Hine owned certain land dessnbed in the petition. On the twenty-eighth day of April, 1875, a right of way for railroad purposes, one hundred feet wide, was condemned through said land by the defendant, the Keokuk & Des Moines Pailway Company, and the said company paid therefor $725. During the same year, the Keokuk & Des Moines Pailway Company constructed its road over said land. In the construction of said road it became necessary to raise the track above the plane of the ground, and, to obtain material for that purpose, a ditch was dug on…
1Opinion of the Court
Day, Ch. J.
1. Nuisance: action for damages and abatement: right to jury trial. I. When the cause came on for trial, counsel for plaintiffs demanded a jury, to which defendant’s counsel objected, for the reason that the cause is an equitable one, and triable by the court only. The court held that the plaintiffs were entitled to a jury trial for the purpose of determining the amount of damages. This action of the court is assigned as error. The appellee claims that the action is brought under section 3331 of the Code, which provides, in a case of nuisance, that “a civil action by ordinary…
2Cases cited5 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- King v. Iowa Midland R. R.Supreme Court of Iowa · 1872
- Cogswell v. MurphySupreme Court of Iowa · 1877
- Turner v. First National BankSupreme Court of Iowa · 1869
- Independent School Districts v. Independent School District No. 2Supreme Court of Iowa · 1879
3Cited by32 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Henry v. Ohio River R.West Virginia Supreme Court · 1895
- Pickens v. Coal River Boom Co.West Virginia Supreme Court · 1909
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Bennett v. City of MarionSupreme Court of Iowa · 1898
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