C. R., I. F. & N. W. Ry. Co. v. C. M. & St. P. Ry. Co.
Supreme Court of Iowa
Appeal from Emmet Circuit Cowrt. These cases involve questions touching the rights of the respective plaintiffs to appeal from certain assessments of damages, made in the condemnation of land for right of way for the Chicago, Milwaukee & St. Paul railroad in Emmet county. The Circuit Court dismissed the appeals, and both parties, in all the cases, appeal to this court. The plaintiffs first perfected their appeals and will therefore be designated as appellants.
1Opinion of the CourtRothrock, J.
condemnation o£ right not a 3r" party. I. In the first case, the commissioners assessed the damage upon the E. of the S. W. ¿, and the E.. 4 of the N. W. 4 of a section of land, at thirty-two dollars. The notice of condemnation was served on S. L. Dows, and no other person was -[n any. way made a party. The Cedar Rapids, Iowa Falls & Northwestern Railway Company united with S. L. Dows in a notice of appeal as to the right of way over the said E. of the S. W. and upon the return of the notice, a motion was made that said railway company be substituted as sole plaintiff, upon the ground that it…
2Cases cited3 opinions
- Severin v. ColeSupreme Court of Iowa · 1874
- Chicago R. I. & P. R. R. v. HurstSupreme Court of Iowa · 1870
- Sawyer v. Landers & SonSupreme Court of Iowa · 1881
3Cited by4 opinions
- Bales v. Iowa State Highway CommissionSupreme Court of Iowa · 1957
- Gilbride v. City of AlgonaSupreme Court of Iowa · 1945
- Buckmiller v. Creston, Winterset & Des Moines Ry. Co.Supreme Court of Iowa · 1914
- Hall v. Wabash Railway Co.Supreme Court of Iowa · 1909