Morrison v. Thistle Coal Co.
Supreme Court of Iowa
Appeal from Appanoose District Oourt. — Hon. Robert Sloan, Judge. This action was brought to enjoin defendants from constructing a railway track across plaintiff’s land in pursuance of certain proceedings to condemn a right of way for such track from defendants’ coal mine to a connection with a railroad which runs through plaintiff’s land. A preliminary injunction was asked, but denied, and on final hearing plaintiff’s petit)ón was dismissed on the merits.
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Appeal from Appanoose District Oourt. — Hon. Robert Sloan, Judge. This action was brought to enjoin defendants from constructing a railway track across plaintiff’s land in pursuance of certain proceedings to condemn a right of way for such track from defendants’ coal mine to a connection with a railroad which runs through plaintiff’s land. A preliminary injunction was asked, but denied, and on final hearing plaintiff’s petit)ón was dismissed on the merits. Plaintiff appeals. —
1Opinion of the CourtMcClain, J.
The defendants Dinning and Steele are partners doing business under the name of the Thistle Coal Company, and engaged in mining coal from certain tracts of land on which they have a mining lease, with the privilege of exclusive occupancy of a four-acre tract, which does not abut upon any highway. There was some question raised on the trial as to whether there was a private way from the highway to this four-acre tract, but we think the evidence shows that defendants had no such private way. Defendants desired a spur track connecting the four-acre tract, as to which they had surface rights, in…
2Cases cited2 opinions
- Phillips v. WatsonSupreme Court of Iowa · 1884
- Jones v. Mahaska County Coal Co.Supreme Court of Iowa · 1877
3Cited by4 opinions
- Westport Stone Co. v. ThomasIndiana Supreme Court · 1911
- Miller v. KramerSupreme Court of Iowa · 1910
- Bedford Quarries Co. v. Chicago, Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1911
- Fisher v. Maple Block Coal Co.Supreme Court of Iowa · 1915