Enos v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Folic District Court. — Hon. Marcus Kavanag-h, Judge. Action to recover damages resulting to plaintiff from the construction of a railroad on a street upon which plaintiff’s lot abuts. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
1. railroads on diasqíalets: pensation0?™’ ot-owners I. The evidence shows that the plaintiff’s lot is situated upon the corner of Monroe and Fourth streets in the city of Des Moines. The railroad crosses Monroe street at an angle of thirty-eight degrees, and also crosses Fourth streep The track is upon an embankment, which touches the corner of the lot. From the evidence, it appears that the railroad is upon Monroe street from the corner at the intersection of the streets to the other corner, though of course it does not occupy all of the streets for the whole of the distance, but recedes…
2Cited by4 opinions
- Gates v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
- Dairy v. Iowa Central Railway Co.Supreme Court of Iowa · 1900
- Nicks v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
- Interurban Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1922