Heath v. Des Moines & St. Louis R'y Co.
Supreme Court of Iowa
Appeal from Polle District Court. The plaintiff, Ileatli, is the owner of lots 4 and 5, block 20, situated between Fourth and Fifth streets in the city of Hes Moines, west side. Between these lots there is an alley sixteen feet wide, running east and west.
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Appeal from Polle District Court. The plaintiff, Ileatli, is the owner of lots 4 and 5, block 20, situated between Fourth and Fifth streets in the city of Hes Moines, west side. Between these lots there is an alley sixteen feet wide, running east and west. On lot 4, north of the alley, is plaintiff’s elevator; on lot 5, south of the alley, is his oat-meal mill, having a capacity to manufacture 30,000 bushels of oat-meal per annum, and in which there is a large amount of expensive machinery. August 4th, 1879, the city council granted to the said plaintiff the right to lay, maintain aud operate…
1Opinion of the Court
Day, Ch. J.
1. cities and towns: ordin¡mee:coneli action of word “along.” — I. The plaintiff insists that the ordinance in question does not confer upon the defendant railroad eompany any authority to construct its line of road , , , , upon the alley between the plaintiff's lots, and L J 1 ' claims that the only authority conferred is to construct its road by the side of the alley, at the point in question. The ordinance authorizes the defendant to construct its road along the alley in question. In other portions of the ordinance, the defendant is authorized to construct its road on, over ancl…
2Cases cited3 opinions
- Chicago, Newton & Southwestern Railroad v. Mayor of NewtonSupreme Court of Iowa · 1873
- Clarke v. . BlackmarNew York Court of Appeals · 1871
- Davis v. C. & N. W. R.Supreme Court of Iowa · 1877
3Cited by11 opinions
- Arbenz v. Wheeling & H. R. Co.West Virginia Supreme Court · 1889
- Hatfield v. . StrausNew York Court of Appeals · 1907
- Mississippi Power Co. v. SellersMississippi Supreme Court · 1931
- Gustafson v. HammSupreme Court of Minnesota · 1894
- Incorporated Town of Spencer v. AndrewSupreme Court of Iowa · 1891
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