Hayes v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Tama Tisto'ict Court. The plaintiff owns certain land in Tama county. The defendant constructed, and is maintaining, its road through the land.
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Appeal from Tama Tisto'ict Court. The plaintiff owns certain land in Tama county. The defendant constructed, and is maintaining, its road through the land. It has paid all the damages assessed, but the plaintiff claims certain interest upon the damages, and asks that the amount be ascertained, and also for an injunction to restrain the defendant from using the right of way, if the interest that shall be found due shall not be paid within such time as shall be fixed for its payment. The defendant demurred to the plaintiff’s petition. The court sustained the demurrer. The plaintiff electing to…
1Opinion of the CourtAdams, J.
The petition shows that in August, 1881, *754there was an appraisement of the plaintiff’s damages by commissioners, under the statute, and the damages were assessed at two thousand dollars; that the defendant paid to the sheriff the amount of the assessment, and took an appeal to the circuit court of the county, and afterward obtained a removal to the circuit court of the United States; that upon the hearing in that court “it was found that the plaintiff’s damages, caused by the location of said road at the time of the appraisement, were three thousand dollars;” the petition also shows that the…
2Cases cited4 opinions
- Stodghill v. C., B. & Q. R.Supreme Court of Iowa · 1880
- Stacey v. Vermont Central RailroadSupreme Court of Vermont · 1854
- Daniels v. C., I & N. R.Supreme Court of Iowa · 1875
- Gear v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
3Cited by20 opinions
- Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
- Mississippi State Highway Commission v. TreasMississippi Supreme Court · 1945
- Hayes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1948
- Lough v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
- Moll v. Sanitary District of ChicagoIllinois Supreme Court · 1907
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