Gano v. Minneapolis & St. Louis Railroad
Supreme Court of Iowa
Appeal from Clay District Court. — Hon. F. H. Helsell, Judge. This is a controversy over the right to tax attorney’s fees in favor of the landowner in a condemnation proceeding. The trial court refused to tax the fees because of uneonstitutionality of the statute authorizing the same, and the landowners appeal.
1Opinion of the CourtDbemer, J.
1 The material. parts of section 1995 of the Code are as follows: “Any railway corporation organized in this state or chartered by or organized under the laws of the United States, or any state or territory, may take and hold under the provisions of this chapter so much real estate as may be necessary for the erection and construction and convenient use of its railway, and may also take, remove and use for the construction and repair of said railway and its appurtenances, any earth, gravel, stone, timber or other materials on or from the land so taken. The land so taken, otherwise than by the…
2Cases cited68 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
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3Cited by22 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Mobile Housing Board v. CrossSupreme Court of Alabama · 1969
- Brady v. MatternSupreme Court of Iowa · 1904
- Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905
- City of Sacramento v. SwanstonCalifornia Court of Appeal · 1915
17 more not listed; retrieve them via the Exa API.