Bowman v. Chicago, St. Paul. & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. John L. Stevens, Judge. The facts in this case are stated in the opinion. Prom an order sustaining a motion to strike an amended and supplemental petition the plaintiff appeals.
1Opinion of the CourtKinne, J.
October 11, 1890, the plaintiff filed his petition averring that the defendant threatened to lay a second railway track on Nevada street, in the city of Marshalltown, opposite and adjoining his dwelling house and the real estate on which it was situated; that the defendant had not had assessed the damages which the plaintiff • would sustain by reason of the laying and use of said second track, nor had it paid or tendered the plaintiff anything therefor; that the plaintiff would b.e damaged one thousand dollars by the laying and use of said track; and that the plaintiff had never assented to…
2Cases cited2 opinions
- Byington v. StoneSupreme Court of Iowa · 1879
- Dubuque County v. ReynoldsSupreme Court of Iowa · 1875
3Cited by5 opinions
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Gross v. FeehanSupreme Court of Iowa · 1899
- In Re Estate of ArduserSupreme Court of Iowa · 1939
- Brown v. CorrellSupreme Court of Iowa · 1939
- Leytham v. HassettSupreme Court of Iowa · 1925