Vandewater v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Adair District Court. — Hon. 'W. H. Fahey, Judge. Action to quiet title to land taken in condemnation proceedings for railway right of way, the plaintiff contending that the defendant had abandoned all right to the condemned land under the provisions of Sec. 2015 of the Code of 1897. Decree for the plaintiff. Defendant appeals.
1DissentDeemer, C. J.
(dissenting). — I. This case is peculiar in its facts, and in the relief asked and granted. It appears that plaintiff, who has in no manner been disturbed in his possession of a strip of land condemned for a railway, and who received full compensation, not only for the strip, but for all damages incident to the permanent use of the right of way for railway purposes, is permitted not only to use the land *696but to have his title thereto quieted against the condemnor, without any proof of abandonment by the railway company, save as it is claimed there was an abandonment under certain sections' of…
2Cases cited7 opinions
- Barlow v. Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1870
- Noll v. Dubuque B. & M. R. R.Supreme Court of Iowa · 1871
- Remey v. Iowa Central Railway Co.Supreme Court of Iowa · 1902
- Dubuque & Dakota R'y Co. v. DiehlSupreme Court of Iowa · 1884
- McClain v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
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