Crandall v. Des Moines, Northern & Western Railroad
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. S. M. El wood, Judge. The defendant company owns a line of road from Des Moines to Fonda, passing through Calhoun county. When the road was built, the company building it purchased at one of the stations a strip of land two hundred feet in width, and located thereon its depot and side tracks. This proceeding is to condemn an additional one hundred feet in width.
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Appeal from Calhoun District Court. — Hon. S. M. El wood, Judge. The defendant company owns a line of road from Des Moines to Fonda, passing through Calhoun county. When the road was built, the company building it purchased at one of the stations a strip of land two hundred feet in width, and located thereon its depot and side tracks. This proceeding is to condemn an additional one hundred feet in width. Proceedings were had to that end, so that a jury to make the appraisement was appointed; and, before the appraisement was made, a preliminary injunction was obtained in this suit and…
1Opinion of the CourtGranger, J.
The following is a part of the law for the condemnation of private property for works of internal improvement, being section 1241 of the Code of 1878: “Any railway corporation organized in this state, or chartered by or organized under the laws of the United States, or any state of territory, may take ■and hold, under the provisions of this chapter, so much real estate as may be necessary for the location, construction and convenient use of its railway, and may also, take, remove and use for the construction and repair of said railway and its appurtenances, any earth, gravel, stone, timber,…
2Cases cited1 opinion
- Stark v. Sioux City & Pacific R.Supreme Court of Iowa · 1876
3Cited by4 opinions
- Schaefer v. School District No. 18Supreme Court of Colorado · 1943
- Eikenberry v. St. Paul & Kansas City Shortline RailroadSupreme Court of Iowa · 1916
- Reter v. Davenport, Rock Island & North Western Railway Co.Supreme Court of Iowa · 1952
- Reter v. Davenport, Rock Island & North Western Railway Co.Supreme Court of Iowa · 1952