Amsden v. Dubuque & Sioux City R. R.
Supreme Court of Iowa
Appeal from Dubuque Ci/rouit Cou/rt. Plaintiffs allege that the Dubuque and Pacific Railway Company, in consideration of having taken the soil, sand and gravel from nine' acres of land belonging to plaintiffs, in the village of Manchester, agreed that they would cause a switch to be put in the side track of their road, at or near the crossing of the line of Wayne street, in said village, 250 feet of side track to be laid on tbe north side of the main track, and that they…
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Appeal from Dubuque Ci/rouit Cou/rt. Plaintiffs allege that the Dubuque and Pacific Railway Company, in consideration of having taken the soil, sand and gravel from nine' acres of land belonging to plaintiffs, in the village of Manchester, agreed that they would cause a switch to be put in the side track of their road, at or near the crossing of the line of Wayne street, in said village, 250 feet of side track to be laid on tbe north side of the main track, and that they would allow the plaintiffs to build upon and use the said side track for warehouse purposes, and to extend said side track…
1Opinion of the Court
Day, Ch. J.
fobmeb TioiS'identity action. I. The defendant assigns fifteen errors, but relies mainly upon those touching the rulings of the court with reference to the plea of former adjudication. The court overruled the defendant’s motion that the court direct the jury to find a verdict for the defendant, on the ground that “ there has been a former adjudication, between the parties to this action, of the same subject-matter and controversy involved in this action; ” and also refused to instruct the jury, at the instance qf defendant, that “ prior to the commencement of this action, the…
2Cited by2 opinions
- Hempstead v. City of Des MoinesSupreme Court of Iowa · 1879
- Munn v. ShannonSupreme Court of Iowa · 1892