Whitham v. Chicago, Burlington & Quincy Railroad
Supreme Court of Iowa
Appeal from Jefferson District Court. — D. M. Anderson, Judge. Proceeding in equity to • obtain a mandatory injunction requiring the defendant company to remove a certain concrete pier erected by it over a stream, on its right of way. The theory of the plaintiff is that he had a permissive right to nse the space under the bridge as a passageway for cattle, and that the pier obstructs and interferes with the exercise of this right.
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Appeal from Jefferson District Court. — D. M. Anderson, Judge. Proceeding in equity to • obtain a mandatory injunction requiring the defendant company to remove a certain concrete pier erected by it over a stream, on its right of way. The theory of the plaintiff is that he had a permissive right to nse the space under the bridge as a passageway for cattle, and that the pier obstructs and interferes with the exercise of this right. Decree for the defendant in the court below, dismissing plaintiff’s petition.
1Opinion of the CourtGaynor, C. J.
railroads • uninterferencef: Feges jFieimnjj to public rights. Plaintiff is the owner of about 144 acres of land. Through this runs a creek known as Mitchell Creek. Prior to 1899, the defendant owned and operated a single ^ne traclh running east and west, through this land. Defendant’s right of way crossed this Mitchell Creek. Over the creek, the de|en¿an^ a kri<jge with stone abutments. Under this bridge, it had constructed an under-crossing for the use of plaintiff. This furnished plaintiff a good, substantial and satisfactory crossing for his cattle, and for hauling, under this bridge and…
2Cases cited3 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- State v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
- Hartshorn v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1907
3Cited by2 opinions
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. CrossSupreme Court of Iowa · 1931
- Ehler v. StierSupreme Court of Iowa · 1927