Gray v. Burlington & M. R. R.
Supreme Court of Iowa
Appeal from, Mon/roe District Gov/rt. Friday, September 19. Action in equity to enforce an alleged agreement of defendant to furnish plaintiff two causeways or other adequate means of crossing defendant’s road, constructed through the premises of plaintiff.
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Appeal from, Mon/roe District Gov/rt. Friday, September 19. Action in equity to enforce an alleged agreement of defendant to furnish plaintiff two causeways or other adequate means of crossing defendant’s road, constructed through the premises of plaintiff. On the 31st day of October, 1,863, plaintiff deeded to defendants, for right of way, so much of the south half of the south-east quarter of section six, township seventy-two north, range sixteen west, as lies within fifteen feet of the center line of the main track of the Burlington & Missouri Biver railroad at that time surveyed, staked,…
1Opinion of the CourtDay, J.
way’:
I. Defendant urges that by the proceedings for the condemnation of right of way, it is discharged from all obligations under the deed. Without this deed the defendant would have been a trespasser when it entered upon the plaintiff’s premises to construct its road. Under this deed the right of entry was acquired and the road was constructed, and had been operated from November, 1866, until August, 1867, before the right of way proceedings were instituted. Under it defendant acquired the right to occupy a strip of ground thirty feet in width through plaintiff’s premises. The acceptance of…
2Cases cited2 opinions
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Bartlett v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
3Cited by13 opinions
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Boggs v. C., B. & Q. R.Supreme Court of Iowa · 1880
- State v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
- Truesdale v. JensenSupreme Court of Iowa · 1894
- Johnson v. Ohio River RailroadWest Virginia Supreme Court · 1906
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