Wood v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Wapello District Court. Action to recover possession of certain land in the city of Ottumwa. The land in question is a part of the bed of the JDes Moines Eiver, between high and low water mark, on the north side.
Read the full summary
Appeal from Wapello District Court. Action to recover possession of certain land in the city of Ottumwa. The land in question is a part of the bed of the JDes Moines Eiver, between high and low water mark, on the north side. The defendant, and those under whom it claims, have maintained and operated a railroad across the land since 1859. When the land was first thus occupied, the Des Moines Eiver was, in contemplation of law, a navigable stream, and remained so until 1865, when by act of Congress it was declared non-navigable. Tbe plaintiffs are tbe owners of tbe land lying north of tbe river…
1Opinion of the CourtAdams, J.
Tbe road was constructed by tbe Keokuk, Eort Des Moines & Minnesota Eailway Company. Tbe defendant claims under it. Tbe river being a navigable stream at tbe time that company entered upon tbe land and constructed its road, its occupation was rightful, so far as the riparian proprietors were concerned, and remained so, at least, until tbe stream was declared non-navigable. So far we think that there is no reasonable ground for controversy. Tomlin v. Railroad Company, 32 Iowa, 106. During that time, at least, tbe riparian proprietors owned tbe fee only to high water mark. Tbe plaintiffs, then,…
2Cases cited5 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Tomlin v. Dubuque, Bellevue & Miss. R. R.Supreme Court of Iowa · 1871
- Musser v. HersheySupreme Court of Iowa · 1876
- Lockwood v. New York & New Haven RailroadSupreme Court of Connecticut · 1870
3Cited by7 opinions
- Dana v. HurstSupreme Court of Kansas · 1911
- Carr v. MooreSupreme Court of Iowa · 1903
- Steele v. SanchezSupreme Court of Iowa · 1887
- Berry v. HoogendoornSupreme Court of Iowa · 1906
- Chicago, Burlington & Quincy R'y Co. v. Porter Bros.Supreme Court of Iowa · 1887
2 more not listed; retrieve them via the Exa API.