Legal Opinion

Waterloo, Cedar Falls & Northern Railway Co. v. Burrell

Supreme Court of Iowa

Decided October 18, 1918PublishedCited by 2 opinions

Appeal from Benton District Court. — B. F. Cummings, Judge. Action at law to recover damages for an alleged breach of contract. There was a verdict and judgment for plain,tiff, and defendant appeals. The material facts are stated in the opinion.

1Opinion of the CourtWeaver, J.

1. Eminent domain: recovery by condemnor of damages assessed and paid. The petition states, in substance, that, in 1912, the plaintiff, a railway corporation, was engaged in building an interurban railway between the cities of Waterloo and Cedar Rapids, when the defendant, being the owner of lands on or near said line, represented to plaintiff that he desired said railway to b.e located south of a certain house, on what is spoken of as the old home place, and south of a certain described highway, and orally offered, as an inducement or consideration for adopting said location, that he would…

2Cases cited13 opinions

  1. In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
  2. Test v. LarshIndiana Supreme Court · 1881
  3. Story v. . the New-York and Harlem Railroad Co.New York Court of Appeals · 1851
  4. Bond v. Wabash, St. Louis & Pacific R'y Co.Supreme Court of Iowa · 1885
  5. Town of Princeton v. TempletonIllinois Supreme Court · 1873

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3Cited by2 opinions

  1. Keller v. GartinSupreme Court of Iowa · 1935
  2. In Re Estate of RingSupreme Court of Iowa · 1946

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