Michalek v. Cedar Rapids & Iowa City Railway & Light Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Milo P. Smith, Judge. Mandamus proceeding whereby the plaintiff seeks to compel the defendant railway company to provide him with an adequate private crossing. There was a decree for the plaintiff, and the defendant appeals.
1Opinion of the CourtEvans, J.
The plaintiff is the owner of land on both sides of the defendant’s railway. His farm consists of 167 acres. The railway of the defendant company traverses the same so as to leave on one side a triangular tract comprising about 8 acres, and on the other side, the remainder of the farm. The defendant’s railway is an electric interurban road. The plaintiff demands an underground crossing at a designated point. He made his request of the defendant while the railway was in course of' construction. The following diagram will be an aid to an understanding of the discussion:
*233The diagram here shown…
2Cases cited4 opinions
- State v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1892
- Herrstrom v. Newton & Northwestern RailroadSupreme Court of Iowa · 1905
- Swinney v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1904
- Mattice v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
3Cited by1 opinion
- O'Malley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1918