Legal Opinion

State v. Minneapolis & St. Louis Railway Co.

Supreme Court of Iowa

Decided October 4, 1893PublishedCited by 8 opinions

Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. Indictment for nuisance in obstructing a highway. Plea of not guilty. Verdict of guilty. Sentence imposed. The defendant appeals.

1Opinion of the CourtKinne, J.

The indictment in this case charges the defendant with wrongfully and willfully obstructing and incumbering a certain highway known as the “PetersonNo. 2 Road,” in Webster county, Iowa. To this indictment the defendant pleaded not guilty. It appears that in 1880 the defendant built its railway track across this highway. In so doing it placed it about two feet above the surface of the ground. *691Immediately to the east of its track, and on this highway, the defendant made an excavation about six feet deep, so that travelers on the highway coming from the east would be prevented from crossing the…

2Cases cited13 opinions

  1. Richman v. Board of SupervisorsSupreme Court of Iowa · 1885
  2. Pagels v. OaksSupreme Court of Iowa · 1884
  3. State v. BerrySupreme Court of Iowa · 1861
  4. Larson v. FitzgeraldSupreme Court of Iowa · 1893
  5. McCollister v. ShueySupreme Court of Iowa · 1868

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3Cited by8 opinions

  1. Moffitt v. BrainardSupreme Court of Iowa · 1894
  2. Paul v. MeadSupreme Court of Iowa · 1943
  3. Lange v. NissenSupreme Court of Iowa · 1927
  4. State v. . R. R.Supreme Court of North Carolina · 1910
  5. Davelaar v. Marion CountySupreme Court of Iowa · 1937

3 more not listed; retrieve them via the Exa API.

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