Quinton v. Burton
Supreme Court of Iowa
Appeal from Lee District Court. ■ Action in chancery to enjoin defendant from erecting a bridge upon a highway located along the line of plaintiff’s land, which defendant proposes to erect upon the side of. the road nest to plaintiff’s land and immediately adjacent thereto. Upon a trial on the mérits, plaintiff’s petition was dismissed, and judgment- was rendered against him for damages resulting from the issuing of the preliminary injunction. He now appeals to this court.
1Opinion of the CourtBeck, J.
— I. The defendant, as road supervisor, proposed to erect a bridge over a small ravine, or water way, crossing a highway located upon the west line of plaintiff’s land. He notified plaintiff to remove a certain rail fence and certain brush deposited by jdaintiff in a ditch along the traveled track of the highway, claiming that they were in the highway and occupied the line upon which the bridge was proposed to be located, and therefore, prevented the beginning of the work. The plaintiff insists that the fence is not within the highway and the brush was by him deposited in the ditch to prevent…
2Cases cited3 opinions
- McCord v. HighSupreme Court of Iowa · 1868
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
- Bills v. BelknapSupreme Court of Iowa · 1873
3Cited by11 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Bolton v. McShaneSupreme Court of Iowa · 1885
- Craig v. Wabash RailroadSupreme Court of Iowa · 1903
- Burget v. Incorporated Town of GreenfieldSupreme Court of Iowa · 1903
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