Pratt v. Des Moines Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Dallas Gireuit Gowrt. The plaintiffs, Pratt and others, are.the owners of certain lots abutting on Perry street, in the town of Adel, and brought this action to recover damages caused by the construction and operation of the defendants’ road along said street.
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Appeal from Dallas Gireuit Gowrt. The plaintiffs, Pratt and others, are.the owners of certain lots abutting on Perry street, in the town of Adel, and brought this action to recover damages caused by the construction and operation of the defendants’ road along said street. It is stated in the petition that said road was constructed without the consent of the plaintiffs or their grantors, and without condemnation proceedings, or the ascertainment in any way of the damages sustained by the plaintiffs. Plaintiffs claimed that the action involved a title to realty, barred only in ten years by the…
1Opinion of the CourtSeeveRS, J.
i. bajukoads: on city streets: damages to abutting lot-owners: limitations, -I. The defendants pleaded that the road was constructed along the street under and in pursuance of
an ordinance of the town of Adel, and by and , „ ,, , with consent ot the owner oí the real estate described in the petition, and that more than five years had elapsed since a right of action had accrued. A demurrer to this portion of the answer was sustained. Counsel for the appellees contend that the action is not barred until ten years after it accrued, for the reason that a title to real estate by adverse possession…
2Cases cited4 opinions
- Cook v. C., B. & Q. R. Co.Supreme Court of Iowa · 1875
- Merchants' Union Barb Wire Co. v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
- Mulholland v. D. M., A. & W. R.Supreme Court of Iowa · 1883
- Irish v. B. & S. W. R.Supreme Court of Iowa · 1876
3Cited by13 opinions
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- Louisville & Nashville Railroad v. OrrCourt of Appeals of Kentucky · 1891
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- O'Neill v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1911
- Preston v. City of Cedar RapidsSupreme Court of Iowa · 1895
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