C. I. R. v. M. & A. R.
Supreme Court of Iowa
Appeal from the Polk Circuit Court. The defendant under the right of way act commenced proceedings and sought to condemn a portion of the right of way belonging to the plaintiff and this action was brought to restrain such proceedings. The hearing was had upon petition, answer, exhibits and affidavits filed by both parties. The injunction was refused and the plaintiff appeals.
1Opinion of the CourtSeevers, J.
The pleadings are lengthy and it is not deemed necessary to set them out. The material facts we find to be, that in 1865, the Iowa Central Railroad Company was organized for the purpose of constructing a railroad from the “south *250line of the State by way of Oskaloosa to Cedar Falls, in Black Hawk county,” and previous to 1868, said company procux-ed the right of way for the purpose aforesaid from the town of Moulton to Albia. We do not understand the right of way-was procured for the entire distance between said towns, but for a portion of such distance only. Some grading and perhaps other…
2Cases cited1 opinion
- Noll v. Dubuque B. & M. R. R.Supreme Court of Iowa · 1871
3Cited by4 opinions
- Smith v. HallSupreme Court of Iowa · 1897
- Keokuk & Northwestern Railway Co. v. DonnellSupreme Court of Iowa · 1889
- Martin v. BeaverSupreme Court of Iowa · 1947
- Waterloo Water Co. v. HoxieSupreme Court of Iowa · 1893