Mahaska County Railroad v. Des Moines Valley Railroad
Supreme Court of Iowa
Appeal from Henry District Oowri. This was originally, in form, “ an action of right,” to recover the “right of way, road-bed,” etc., extending six or seven miles, between Eddyville and Oskaloosa, and now occupied and run by the defendant. The plaintiff was organized in 1860, the purpose being to build and operate a road from “ Eddyville via Oskaloosa, in the direction of Des Moines.”
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Appeal from Henry District Oowri. This was originally, in form, “ an action of right,” to recover the “right of way, road-bed,” etc., extending six or seven miles, between Eddyville and Oskaloosa, and now occupied and run by the defendant. The plaintiff was organized in 1860, the purpose being to build and operate a road from “ Eddyville via Oskaloosa, in the direction of Des Moines.” Much of the grading was completed between Oskaloosa and Eddyville, a large portion of the ties upon the ground, and the roadbed for that distance about ready for the iron. This was in 1861. From this until 1864,…
1Opinion of the CourtWright, J.
l. railroad tract' con The statement of the case sufficiently indicates the facts, so far as necessary to an understanding of the points ruled in this opinion. There are some matters relied upon, however, by appellant, which should, before we go further, receive attention.
1. Thus, by the agreement, the defendant was to “ build or allow but oue other depot between Eddyville and Pella.” Counsel insist that this condition was violated, and therefore plaintiff should recover, or, at least, defendant is not entitled, as prayed in the cross-bill, to have its title quieted. The testimony is clear,…
2Cited by10 opinions
- Traer v. Lucas Prospecting Co.Supreme Court of Iowa · 1904
- Bullis v. NobleSupreme Court of Iowa · 1873
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Brown v. Atlantic & Birmingham Railway Co.Supreme Court of Georgia · 1906
- Peters v. JonesSupreme Court of Iowa · 1872
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