Legal Opinion

Henry v. Dubuque & Pacific Railroad

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 28 opinions

Appeal from Dubuque District Court. Pt.atNttbt? sues in an action of trespass for the act of defendant in entering upon his land on the 1st of January, 1855, and divers days since that time to the day of the commencement of this action, breaking .up the ground therein, grading the same for the track of a railroad, &c.

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Appeal from Dubuque District Court. Pt.atNttbt? sues in an action of trespass for the act of defendant in entering upon his land on the 1st of January, 1855, and divers days since that time to the day of the commencement of this action, breaking .up the ground therein, grading the same for the track of a railroad, &c. The answer denies a liability to the amount claimed, $10,000, but admits an indebtedness in the sum of $1600, with interest from November 28th, 1856; avers that by authority of the act of the legislature of this State, the defendants did locate their road over the plaintiffs…

1Opinion of the CourtWright, J.

The material portions of the Right of Way Act referred to in the pleadings are as follows:

*542Section 1 — Gires to a railroad corporation the right to take and hold so much real estate as may be necessary for 'the location, construction and convenient use of their road; but the land so taken, except by the consent of the owner, shall not exceed one hundred feet in width, unless the same should be necessary for water stations, excavations, &c.

Section 2 — The corporation is given power to purchase and use real estate for a price to be agreed upon, or the damages to be paid, when not agreed upon,…

2Cited by28 opinions

  1. City of Norwood v. HorneyOhio Supreme Court · 2006
  2. Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
  3. Swinney v. Ft. Wayne, Muncie & Cincinnati R. R.Indiana Supreme Court · 1877
  4. Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
  5. Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872

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