Eikenberry v. St. Paul & Kansas City Shortline Railroad
Supreme Court of Iowa
Appeal from Lucas District Court. — F. M. Hunter, Judge. Action in equity to enjoin the defendant railroad company from occupying plaintiff’s land under condemnation proceedings, and to enjoin defendant from building crossing approaches thereon, because, as plaintiffs allege, the statute, as it existed at the time the condemnation proceedings were instituted, did not authorize condemnation for such purpose. A demurrer to the petition was sustained, and plaintiffs appeal.
1DissentPreston, J.
(Dissenting.) — -With due respect for the opinion of the majority, I am unable to agree with the conclusion reached, and shall, as briefly as I may, give my reasons for this dissent.
The question presented is, perhaps, not very important now, except as a rule for construction, because, by .Chapter 162 of the Acts of the Thirty-fifth General Assembly, the legislature has given the authority to condemn, claimed by the defendant to have existed prior to the enactment of said Chapter 162.
The question presented, as appellee states it, is as to whether, under the law existing at the time in…
2Cases cited10 opinions
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- Minneapolis & St. Louis Railroad v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1902
- Clawson v. Chicago & Great Southern Railway Co.Indiana Supreme Court · 1884
- Forbes v. DelashmuttSupreme Court of Iowa · 1885
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