Donald v. St. Louis, K. C. & N. Railway Co.
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. This is an action for the recovery of damages sustained by the failure of the defendant to erect and maintain cattle guards. The defendant upon the trial admitted the following facts: The defendant’s road was constructed over and through the real estate in petition described in the year 1858. At the time said road was constructed over said land, said real estate was inclosed in common with other lands belonging to one L. O. Killiam.
Read the full summary
Appeal from Appanoose Circuit Court. This is an action for the recovery of damages sustained by the failure of the defendant to erect and maintain cattle guards. The defendant upon the trial admitted the following facts: The defendant’s road was constructed over and through the real estate in petition described in the year 1858. At the time said road was constructed over said land, said real estate was inclosed in common with other lands belonging to one L. O. Killiam. Defendant’s road was constructed .over the real estate of the said L. C. Killiam, and crossed the dividing line between said…
1Opinion of the CourtDay, J.
The only question presented is as to the measure of damages. The court allowed the plaintiff the value of the crop destroyed. Appellant insists that plaintiff under the circumstances disclosed had no right to plant a crop; that he should have allowed the premises to remain uncultivated, and that the measure of his damage is the rental value of the land. We think otherwise. Plaintiff had a right to make the usual use of the premises. Defendant knew the partition *159fence liad been erected, was notified to put in a cattle guard, and had time to do so before the damage was occasioned. It . was…
2Cases cited1 opinion
- Smith v. Chicago, Clinton & Dubuque R. R.Supreme Court of Iowa · 1874
3Cited by5 opinions
- Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
- Chicago & Atlantic Railway Co. v. BarnesIndiana Supreme Court · 1888
- Lake Erie & Western Railroad v. PowerIndiana Court of Appeals · 1896
- Raridon v. Central Iowa Railway Co.Supreme Court of Iowa · 1885
- Stevenson v. Atlantic & Northern Railway Co.Supreme Court of Iowa · 1919