Chicago, Rock Island & Pacific Railway Co. v. Wisconsin, Iowa & Nebraska Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Marchs Kavanagh, Judge. This is an action in equity, by which the plaintiff seeks the specific performance of a contract for the right Of way for a railroad over certain real estate. An answer was filed, and a hearing was had upon the merits, which resulted in a d ecree for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
1. negligence : byinsoivency agentfwho bears loss. — I. This controversy originated over the right of the defendant to construct its railroad over certain right of way, railroad tracks and lands of the plaintiff. Defendant entered npon the premises, and commenced the wor^ 0f construction, without having first arranged with the plaintiff for the right to occupy the land with its road. The plaintiff demanded that an adjustment be made, and the right of way paid for. Correspondence was had between the agents of the respective companies, and an arrangement was made, which was reduced to writing.…
2Cases cited3 opinions
- Phœnix Insurance v. AllenMichigan Supreme Court · 1863
- Dayton v. TrullNew York Supreme Court · 1840
- Southwick v. SaxNew York Supreme Court · 1832
3Cited by1 opinion
- City of St. Ignace v. SnyderMichigan Supreme Court · 1889