Remey v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Monroe District Court. — IIon. Bobert Suoan, Judge. 1 Condemnation proceedings of a railroad right of way. A sheriff’s jury was appointed at defendant’s request to assess the damages plaintiffs might sustain by reason of the taking of the right of way through their land, and returned the following verdict: “We do not find that he or any of the prior owners of said land have ever paid back the damage which was originally paid by the corporation that first obtained…
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Appeal from Monroe District Court. — IIon. Bobert Suoan, Judge. 1 Condemnation proceedings of a railroad right of way. A sheriff’s jury was appointed at defendant’s request to assess the damages plaintiffs might sustain by reason of the taking of the right of way through their land, and returned the following verdict: “We do not find that he or any of the prior owners of said land have ever paid back the damage which was originally paid by the corporation that first obtained the right of way. Guided by the law of this state in such cases made and provided, viz., section 2016 of the Code of…
1Opinion of the Court
Ladd, C. J. —
The Moulton & Albia Bailroad Company abandoned the right of way in 1888, ten years before taken by the defendant and a railroad constructed and operated thereon by it. The damages originally assessed and paid the owners for the appropriation of the right of way have never been r-efunded, and it is insisted by appellant that, until this has been done, none can be claimed by their grantees for the taking by defendant. On the other hand, plaintiffs claim the right of way reverted to them at the end of eight years, of non-user and cannot be taken again without compensation. The…
2Cases cited6 opinions
- Washburn-Halligan Coffee Co. v. Merchants' Brick Mutual Fire InsuranceSupreme Court of Iowa · 1900
- Smith v. HallSupreme Court of Iowa · 1897
- Brown v. YoungSupreme Court of Iowa · 1886
- Noll v. Dubuque B. & M. R. R.Supreme Court of Iowa · 1871
- Dubuque & Dakota R'y Co. v. DiehlSupreme Court of Iowa · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Murray v. PhiladelphiaSupreme Court of Pennsylvania · 1950
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Mochel v. ClevelandIdaho Supreme Court · 1930
- Hamilton v. McNeillSupreme Court of Iowa · 1911
- Patterson v. McCormickSupreme Court of North Carolina · 1919
17 more not listed; retrieve them via the Exa API.