Kucheman v. C., C. & D. R'y Co.
Supreme Court of Iowa
Appeal from, Jackson Circuit Court. The plaintiffs are the owners of lot 188, in the town of Bellevue. The defendant’s railroad is located along the mid-, die of Second Street, in front of said lot, and upon the grade of the street. On, said lot is a two story stone building, occupied as a store. The town having been laid off under the act of Congress approved July 2d, 1836. The plaintiffs own the fee to the middle of the street.
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Appeal from, Jackson Circuit Court. The plaintiffs are the owners of lot 188, in the town of Bellevue. The defendant’s railroad is located along the mid-, die of Second Street, in front of said lot, and upon the grade of the street. On, said lot is a two story stone building, occupied as a store. The town having been laid off under the act of Congress approved July 2d, 1836. The plaintiffs own the fee to the middle of the street. After the said railroad was constructed, they procured an assessment of damages by commissioners, duly appointed by the sheriff for that purpose. From that…
1Opinion of the CourtAdams, J.
I. fThe defendant asked the court to give an instruction, which is in these words:
i. railroads: ulsof^street’ “ Plaintiffs, by virtue of their ownership of said lot in question, are not' entitled to recover in this proceeding for any damages by them sustained in consequence of the location of defendant’s railroad upon any portion of the street opposite said lot.”
This instruction the court refused to give, and the refusal is assigned as error. ^
The precise question raised in this case has never been decided by this court. The case of Milburn et al. v. The City of Cedar Rapids et al., 12 Iowa,…
2Cases cited18 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Montgomery v. Santa Ana Westminster Railway Co.California Supreme Court · 1894
- Andrews v. CoxSupreme Court of Connecticut · 1942
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
16 more not listed; retrieve them via the Exa API.