Hibbs v. C. & S. W. R.
Supreme Court of Iowa
Appeal from Wayne District Gowrt. Action in chancery. The petition alleges that in the winter of 1870-71, the Chicago & Southwestern Railway Company entered upon a tract of land, being one-half section, situated in Wayne county, and owned by plaintiff, for the purpose of constructing its railroad over the same, and subsequently, in the spring of 1871, completed the road, and now occupies a'strip one hundred feet in width, for the uses of the railroad; that this appropriation…
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Appeal from Wayne District Gowrt. Action in chancery. The petition alleges that in the winter of 1870-71, the Chicago & Southwestern Railway Company entered upon a tract of land, being one-half section, situated in Wayne county, and owned by plaintiff, for the purpose of constructing its railroad over the same, and subsequently, in the spring of 1871, completed the road, and now occupies a'strip one hundred feet in width, for the uses of the railroad; that this appropriation of plaintiff’s land was without any compensation having been first made or secured to him; that in compliance with law,…
1Opinion of the CourtBeok, J.
I. There is little, if any, conflict in the evidence before us. It is not denied that the 0. & S. W. R. Co. have taken and appropriated plaintiff’s land without compensation paid or tendered.
Neither is the assessment of plaintiff’s damages as alleged in his petition by a sheriff’s jury denied, and the regularity of the proceeding, further than it could not have been instituted *342iipon plaintiff’s application, is not questioned. No complaint is made of the amount of the assessment, and it is not charged to be unjust.
i. baimioads: cwitraot'78,5 ’ The defense that the land was entered upon and…
2Cases cited3 opinions
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
- Richards v. Des Moines Valley RailroadSupreme Court of Iowa · 1865
3Cited by16 opinions
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- Mark S. Rasmuson and Brenda S. Rasmuson, Husband and Wife v. United StatesUnited States Court of Federal Claims · 2013
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1891
- Hartley v. Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1892
- Rio Grande & Eagle Pass Railway Co. v. OrtizCourt of Appeals of Texas · 1890
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