Simplot v. Chicago, M. & St. P. Ry. Co.
U.S. Circuit Court for the District of Northern Iowa
This proceeding was instituted by the plaintiffs, under the provisions of section 1244- of the Code of Iowa, for the assessment of the damages claimed by plaintiffs to have been caused to their property by the construction and operation of the railroad track now occupied by the defendant corporation at and near the intersection of Iowa and First streets, in the city of Dubuque, Iowa.
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This proceeding was instituted by the plaintiffs, under the provisions of section 1244- of the Code of Iowa, for the assessment of the damages claimed by plaintiffs to have been caused to their property by the construction and operation of the railroad track now occupied by the defendant corporation at and near the intersection of Iowa and First streets, in the city of Dubuque, Iowa. The plaintiffs are, and have been for years, the owners of certain realty abutting on Iowa and First streets, and they claim that the track in use by the defendant is located upon their property to their damage;…
1Opinion of the CourtShiuas, J.
By the act approved July 2, 1836, congress provided for the “laying off the towns of Fort Madison and Burlington, in the county of Des Moines, and the towns of Bellevue, Dubuque, and Peru, in the county of Dubuque, territory of Wisconsin.”
The act provided that the towns named should, under the direction of the surveyor general, be laid off into town lots, streets, avenues, and lots for public use called the public squares, and that, upon the completion of the survey of the lots, a plat thereof should be returned to the secretary of the treasury, and the lots should be offered for sale at…
2Cases cited14 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Davies v. HuebnerSupreme Court of Iowa · 1877
- Cook v. City of BurlingtonSupreme Court of Iowa · 1870
- City of Burlington v. B. & M. R. R.Supreme Court of Iowa · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gustaveson v. DwyerWashington Supreme Court · 1915
- Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
- City of Osawatomie v. Board of County CommissionersSupreme Court of Kansas · 1908
- Town of Montevallo v. Village School DistrictSupreme Court of Missouri · 1916
- Board of County Commissioners v. City of LawrenceSupreme Court of Kansas · 1918
13 more not listed; retrieve them via the Exa API.