Stark v. Sioux City & Pacific R.
Supreme Court of Iowa
Appeal from Monona District Court. The plaintiff owns a certain lot in Onawa, Monona county. The defendant’s track is located across the east end of said lot. The lots east of and adjoining the track are owned by the defendant. There is no evidence as to how defendant acquired them. The defendant gave plaintiff notice of proceedings to condemn her said lot.
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Appeal from Monona District Court. The plaintiff owns a certain lot in Onawa, Monona county. The defendant’s track is located across the east end of said lot. The lots east of and adjoining the track are owned by the defendant. There is no evidence as to how defendant acquired them. The defendant gave plaintiff notice of proceedings to condemn her said lot. This suit was brought to enjoin the proceedings so far as to restrict the defendant to so much of said lot as lies not more than fifty feet from the center of the main track. The injunction was granted, and on hearing was made perpetual.…
1Opinion of the CourtAdams, J.
The statute provides that “ any railroad corporation * * may take * * so much real estate as *502may be necessary for the location, construction and convenient use of its railway * * the land so taken otherwise than by consent of the owners shall not exceed one hundred feet in width, except for wood and water stations, unless where greater width is necessary for excavation, embankment, or depositing waste earth.” The amount sought in this case is less than one hundred feet in width, but extends more than fifty feet from the center of the track.
We know of no law which -limits the company to fifty…
2Cited by10 opinions
- Clendaniel v. ConradSupreme Court of Delaware · 1912
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- Connolly v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1955
- Browneller v. Natural Gas Pipeline Co. of AmericaSupreme Court of Iowa · 1943
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