Hougan v. Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Wvrmeshiek District Court. Action to enjoin from further causing a diminished flow of water in plaintiff’s spring, alleged to have been effected by the defendant in digging a well on its right of way, and in pumping water therefrom for the use of its engines. The cause was tried to .the court without a jury. The court rendered judgment for the defendant; but no facts were found or conclusions of law stated. The plaintiff appeals.
1Opinion of the CourtCole, J.
The testimony tended to establish that the plaintiff is the owner of eighty acres of land through which the line of railway now owned and operated by the defendant runs; that the defendant acquired its title to the railway, its property, franchise, etc., by conveyance from the McGregor Western Railway Company, which latter company acquired the right of way, etc., through the plaintiff’s land, by a deed from the plaintiff which conveyed “ for all purposes connected with the construction, use and occupation of said railway, the right of way over and through ” the land in controversy; upon the…
2Cited by10 opinions
- Houston & Texas Central Railroad v. EastTexas Supreme Court · 1904
- Stradley v. Magnolia Petroleum Co.Court of Appeals of Texas · 1941
- Barclay v. AbrahamSupreme Court of Iowa · 1903
- City of Canton v. Canton Cotton Warehouse Co.Mississippi Supreme Court · 1904
- Burroughs v. SaterleeSupreme Court of Iowa · 1885
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