Slocumb v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from Des Moines District Court. On the 19 th day of June, 1880, the plain tiff filed her petition alleging that she is the owner of a tract of land containing two and 10-100 acres, and that the B. & M. R. R’y Go and its successors, the O., B. & Q. R’y Co., have operated a railway adjacent to said premises for the past twenty-five years; and that the defendant, the C., B. & Q. R’y Co., has entered upon and threatens to use for railway purposes a strip of said premises…
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Appeal from Des Moines District Court. On the 19 th day of June, 1880, the plain tiff filed her petition alleging that she is the owner of a tract of land containing two and 10-100 acres, and that the B. & M. R. R’y Go and its successors, the O., B. & Q. R’y Co., have operated a railway adjacent to said premises for the past twenty-five years; and that the defendant, the C., B. & Q. R’y Co., has entered upon and threatens to use for railway purposes a strip of said premises of the width of about twenty-one feet, and of the length of about three hundred and fifty feet, without the consent, and…
1Opinion of the CourtDay, J.
•baii/roads: cmiyeyiu'cey: subject to I. Prior to 1858 C. Range and G. C. Wilhelm owned ertain land, embracing the premises in controversy, and agreed in parol to allow the B. & M. R. R’y Co. aright of way seventy feet wide over the same, in consideration of certain acts to be performed by said railway company. Under this agreement the railway company entered upon said land and constructed its road over it. A fence was constructed about fourteen feet from the centerline of the railway, but the evidence does not show by whom this fence was built. Afterward Wilhelm and Range commenced an action…
2Cases cited8 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Smyles v. . HastingsNew York Court of Appeals · 1860
- Barlow v. Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1870
- Davies v. HuebnerSupreme Court of Iowa · 1877
- Patterson v. BaumerSupreme Court of Iowa · 1876
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3Cited by23 opinions
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- McBroom v. ThompsonOregon Supreme Court · 1894
- Roberts v. Sioux City & Pacific RailroadNebraska Supreme Court · 1905
- Dulin v. Ohio River RailroadWest Virginia Supreme Court · 1913
- Kansas City & Northern Connecting Railroad v. BakerSupreme Court of Missouri · 1904
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