Daniels v. C., I & N. R.
Supreme Court of Iowa
Appeal from Liwri District Court. This is a proceeding under the statute, instituted by the defendants, a railroad corporation, to assess the damages sustained by plaintiff, on account of tlie appropriation and tailing by defendants, of a lot in Cedar Rapids, owned by plaintiff for the use of the railroad.
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Appeal from Liwri District Court. This is a proceeding under the statute, instituted by the defendants, a railroad corporation, to assess the damages sustained by plaintiff, on account of tlie appropriation and tailing by defendants, of a lot in Cedar Rapids, owned by plaintiff for the use of the railroad. Upon an appeal from the assessment made by the sheriff’s jury, judgment was rendered in 'the District Court in favor of plaintiff for the sum of $178; he now appeals to this court. Other facts in the case appear in the opinion.
1Opinion of the Court
Beck, J. —
The defendants entered upon the lot involved in this action in 1860, and have occupied it since for the use of the railway operated or owned by them. No proceedings were, prior to the present action, instituted by either party to assess plaintiff’s damages resulting from such appropriation of his property. In 1871 plaintiff commenced a suit for the possession of the lot which resulted in a judgment in bis favor, and an affirmance thereof in this court. See 35 Iowa, 129. The defendants thereupon instituted this suit, being still in the occupancy of the lot for purposes connected with…
2Cases cited3 opinions
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
- Vanblaricum v. StateIndiana Supreme Court · 1844
3Cited by26 opinions
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
- Oregon Railway & Navigation Co. v. MosierOregon Supreme Court · 1887
- State Highway Commission v. StumboOregon Supreme Court · 1960
- Blackwell, Enid & Southwestern Railway Co. v. BeboutSupreme Court of Oklahoma · 1907
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