Vermilya v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Agopeal from Cerro Gordo Oirouit Oov/rt. Action to recover the value of certain sand taken by defendant from plaintiff’s land, and for damages sustained by plaintiff by reason of a fire set out by an engine operated upon defendant’s railroad. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the Court
Beck, On. J.
*607i. kailotwayuncfer to?tsé siincf from right of *606I. The evidence tended to prove that the *607sand for which recovery is sought in this action was taken from within the limits of defendant’s right of way upon plaintiff’s land. It was used in the construction of the engine-house, or round-house, . ■ r .. . .. located at the point where defendant’s mam line of road intersects the branch road passing over plaintiff’s land, where the sand was procured. The right of way was by quit-claim deed granted by plaintiff to the Mason City & Minnesota Eailway Company, under which defendants acquired…
2Cases cited8 opinions
- Troy v. PotterSupreme Court of Vermont · 1869
- Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854
- Hurd v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Connecticut & Passumpsic Rivers Railroad v. HoltonSupreme Court of Vermont · 1859
- Smith v. Chicago, Alton & St. Louis R. R.Illinois Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Gladys City Oil, Gas & Manufacturing Co. v. Right of Way Oil Co.Court of Appeals of Texas · 1911
- Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916
- Moakley v. Los Angeles Pacific Railway Co.California Court of Appeal · 1934
- Black v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1903
20 more not listed; retrieve them via the Exa API.