Fowler v. Des Moines & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Ciarle District Court. — Hon. John W. Habvey, Judge. Action to recover for occupancy of an alley. Answer pleading the statute of limitations. Demurrer to answer, overruled. Plaintiff excepts and appeals.
1Opinion of the CourtKinne, J.
I. The substituted petition alleges that in March, 1882, the Des Moines, Osceola.& Southern Railway Company located its tracks in an alley running north and south through the city of Osceola, and constructed its roadbed and built a railroad track, completely obstructing said alley, and maintained and operated its road to the injury and discomfort of property owners adjoining said alley; that said use and occupation continued until' March 1, 1885, when said road was placed in the hands of a receiver by the circuit court of the United States, and that said receiver continued to operate the road…
2Cases cited11 opinions
- Merchants' Union Barb Wire Co. v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
- Hunt v. Iowa Central Railway Co.Supreme Court of Iowa · 1892
- Pratt v. Des Moines Northwestern R'y Co.Supreme Court of Iowa · 1887
- Mulholland v. D. M., A. & W. R.Supreme Court of Iowa · 1883
- Cain v. C., R. I. & P. R.Supreme Court of Iowa · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Irvine v. City of OelweinSupreme Court of Iowa · 1915
- Churchill v. Burlington Water Co.Supreme Court of Iowa · 1895
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Pettit v. Incorporated Town of Grand JunctionSupreme Court of Iowa · 1903
- Puckett v. StateNebraska Supreme Court · 1944
5 more not listed; retrieve them via the Exa API.